Recreational Marijuana Law in Arizona

Part 2: What You (Still) Can’t Do

Happy New Year, Palestini Law readers! I trust you all rang in 2021 from the safety of your own homes, with absolutely no fireworks, firearms, or just general fires (there’s still a no-burn warning in effect). On the subject of things that work better with a little bit of burn, I hope all of you who partake are enjoying your recreational marijuana responsibly! Last time around, we focused on what you can do under Arizona’s newly passed Prop 207. Unfortunately, just like 2021 is already looking a lot like 2020, we have to spend some time talking about the things Prop 207 still can’t help you out with:

1.) The Boss is Still the Man, Man. While Prop 207 does allow you a whole lot of freedom outside of the workplace, Prop 207 does not help you at the workplace. This should go without saying - you (probably) can’t drink on the job, and marijuana is no exception. If you’re at work, you cannot use, possess, or share marijuana as outlined in company policy. In fact, Prop 207 actually allows businesses to rewrite company policy to accurately reflect their rules and regulations in response to Prop 207’s passing. Best practice? If you’re on the clock, act like it. It’ll be 5 o’clock eventually.

2.) Don’t Smoke and Drive. It doesn’t have the same ring as “Don’t Drink and Drive” or, my favorite, “Drive Hammered, Get Nailed,” but think of recreational marijuana the same way as alcohol. If you’re behind the wheel, you should be under absolutely no impairment. Same goes for if you’re in the passenger seat, the backseat, or a booster seat: if the vehicle is in motion, the weed stays away. Obviously you can have your recreational marijuana in the car -as long as you’re within your legal limits as outlined in Part 1 of this blog- but it cannot be in use. This is not limited to cars: Prop 207 expressly prohibits the use of recreational marijuana in “any vehicle used for transportation.” That means no smoking on the plane, the train, or the bus, either.

3.) No Kids Allowed. Prop 207 expressly states that the age of purchase and consumption for recreational marijuana is 21. This means that you cannot purchase or provide marijuana on behalf of anyone under this age. I know in the last blog we talked a lot about how a friend with weed can legally hand some off to you, indeed, but you and your friend better both be 21 or over, or you’ll see the same penalties you would if you provided alcohol to a minor.

4.) Don’t Smoke Where You Don’t Belong. Another one that seems like it should go without saying, just because you can have marijuana on you in public doesn’t mean you can use it. Think of it like a present under the tree around Christmas: as much as you want to open it early, you know your mom is going to lose it if you do. In this case, however, your mom is local law enforcement. Prop 207 will not save you if you decide to light up on any public or private property where such things are not allowed. You know how the Arizona Department of Health Services’ COVID-19 motto is “You’re Safer At Home”? Apply that to your recreational marijuana consumption as well.

All things considered, there really aren’t a whole lot of restrictions coming as a result of Prop 207. A lot of what we’ve covered here today is common sense, or the same rules that already apply to alcohol. Just because Prop 207 freed you up to acquire and use marijuana recreationally doesn’t mean that there just aren’t any rules anymore. This isn’t like the First Amendment, where you can just cite it whenever you feel like it and assume others won’t know enough about it to call you out: if you violate the rules of Prop 207, you will get called out… and carted off. As always, if you do forget these rules for Prop 207 and find yourself in need of a friend, indeed, we here at Palestini Law will be ready and waiting to take your call and your case.