Cottonwood City Prosecutor Mikkel “Mik” Jordahl released a statement in the late afternoon Monday, Nov. 16, announcing how his city prosecutor’s office will proceed with marijuana cases now that Proposition 207 has legalized marijuana for recreational use and for legal possession of up to 1 ounce for adults age 21 and older.
Jordahl addressed the letter to Cottonwood City Manager Ron Corbin, Cottonwood Police Chief Steve Gesell, Cottonwood City Attorney Steve Horton and Cottonwood Magistrate Judge Catherine Kelley.
Jordahl noted, “This policy closely mirrors the recently issued policies of the Maricopa County and Yavapai County Attorneys covering Proposition 207. This memorandum does not cover all aspects of Proposition 207. For further clarification contact the Cottonwood City Prosecutor.
Jordahl’s letter reads:
“The voters of Arizona recently approved Proposition 207 which decriminalizes personal possession or use of marijuana in an amount less than one ounce by a person of 21 years of age or more,” Jordahl wrote. “Persons with past marijuana convictions based on possession of marijuana that would have been legal under Proposition 207 will be able to expunge their convictions.
“Possession of such amounts of marijuana is still illegal for those under age 21, but a first offense would be a civil infraction with increasing penalties on subsequent convictions up to a Class 1 misdemeanor.
“The effective date of the proposition will be the date Arizona’s November 3, 2020 election results are certified. This is expected with the next few weeks, if not days.
“Instead of continuing to prosecute such pending cases for behavior that will be legal (and expugnable) very soon, my office will be:
“1. Dismissing all pending charges against those 21 or older of personal possession of marijuana of 1 ounce or less, or up to 12.5 grams of marijuana concentrate/cannabis, and any associated possession of marijuana paraphernalia charges.
“2. For those defendants under age 21, amending any pending possession of marijuana charges to the appropriate civil offense or petty crime level.
“Of note: It is still illegal to possess more than 1 ounce of marijuana. Marijuana smoking is still banned in a public place or open space. It is still illegal to drive while impaired on marijuana and it is illegal to consume marijuana while driving or riding in a motor vehicle.
“Possession of drug paraphernalia not associated with marijuana (e.g. methamphetamine pipes, syringes etc.) will remain vigorously prosecuted.”
Clarkdale and Cottonwood recently passed new guidelines for businesses in anticipation of Proposition 207 passing. In the weeks prior to election day, marijuana legalization was polling at between 55% and 63% in Arizona.
Marijuana Across the County
Marijuana legalization efforts won big on Nov. 3, passing in every state where marijuana was on the ballot.
In Mississippi, Ballot Measure 1 — Initiative 65 and Alternative 65A — two versions of a medical marijuana amendment, were on the ballot. Initiative 65 was an indirect initiated constitutional amendment and Alternative 65 was referred to the ballot alongside Initiative 65 as an alternative measure by the state legislature. Mississippi Ballot Measure 1 was approved by 67.89%. Initiative 65 was approved by 74.04%.
In Montana, the Montaan CI-118, the Allow for a Legal Age for Marijuana Amendment, was an initiated constitutional amendment. It passed 57.71%.
New Jersey’s Public Question 1, the Marijuana Legalization Amendment, was a legislatively referred constitutional amendment. It passed 66.94%.
South Dakota Constitutional Amendment A, the Marijuana Legalization Initiative, was an initiated constitutional amendment. It was approved 53.41%. South Dakota Initiated Measure 26, the Medical Marijuana Initiative, was an initiated state statute. It was approved 69.21%.
Medical marijuana is now legal in 35 states and Washington, D.C.
The recreational use of marijuana is now legal in 15 states and Washington, D.C.
