Arizona Cannabis Penalties & Expungement

What happens when you exceed legal limits, and how Prop 207's expungement provisions are helping Arizonans clear their records — though most eligible individuals haven't yet applied.

Last verified: March 2026

Penalties for Exceeding Limits

OffenseClassificationPotential Penalty
Possession over 1 oz but under 2.5 ozPetty offense$300 maximum fine
Possession of 2.5 oz or moreMisdemeanor / FelonyEscalating penalties
Sale without a licenseFelonyPrison, significant fines
Public consumption (smoking/vaping)Civil infractionFine under Smoke-Free Act
Underage possessionPetty offense (first)Fine, diversion programs
Providing to a minorFelonyPrison, significant fines

Expungement Under Prop 207

One of Prop 207's most significant provisions allows individuals to petition for record clearance for low-level marijuana offenses. Eligible offenses include:

  • Possession of 2.5 ounces or less
  • Cultivation of six or fewer plants
  • Paraphernalia charges

Expungement by the Numbers

Since petitions opened on July 12, 2021, more than 17,350 petitions have been filed statewide. The Maricopa County Attorney's Office proactively filed petitions at a pace of 500 per week in the early months. Yet an estimated 250,000 to 500,000 Arizonans remain eligible, meaning the number who have actually petitioned is a small fraction of those who could benefit.

Important Legal Clarification

A November 2025 appellate ruling clarified that courts examine the underlying conduct, not just the conviction title. This means sale-related offenses cannot be expunged even if they were pled down to lesser charges. The court looks at what actually happened, not how the case was resolved.

How to File for Expungement

  • Obtain your criminal history record from the court where you were convicted
  • File a petition with that same court
  • The court reviews the petition (often without a hearing for straightforward cases)
  • If granted, the record is sealed and you may legally state that you have not been convicted

Legal aid organizations and public defenders can assist with the petition process at no cost.