Best Cannabis Lawyers in Tempe

About Cannabis Law in Tempe, United States

Cannabis laws in Tempe, located in the state of Arizona, have changed significantly in recent years. Arizona voters approved the legalization of recreational cannabis for adults in November 2020 through Proposition 207, also known as the Smart and Safe Arizona Act. This allows adults aged 21 and over to possess, purchase, and use limited amounts of cannabis. Medical cannabis remains legal through Arizona’s Medical Marijuana Act, established in 2010. Despite these changes, there are still regulations and restrictions that residents and visitors in Tempe must understand and comply with to avoid legal trouble.

Why You May Need a Lawyer

Even with legalization, cannabis laws are complex and can sometimes be confusing. There are several situations in which you might need legal assistance, such as:

• Facing criminal charges for possession, distribution, or cultivation outside legal limits
• Dealing with employment issues related to cannabis use or drug testing policies
• Business licensing, regulatory compliance, or zoning issues for cannabis-related businesses
• Disputes involving landlord-tenant relationships and cannabis possession or use
• Expunging previous criminal convictions related to cannabis offenses
• Questions regarding medical marijuana patient or caregiver rights
• Cannabis use and parenting or child custody concerns

A lawyer who understands cannabis law can help protect your rights, navigate complicated legal systems, and provide you with clarity when the rules seem overwhelming.

Local Laws Overview

Tempe follows Arizona state laws regarding cannabis use. Here are some key points specific to the area:

• Adults 21 and over can possess up to one ounce (28 grams) of cannabis, with no more than five grams in concentrated form.
• It is illegal to consume cannabis in public spaces, including parks, sidewalks, or vehicles.
• Driving under the influence of cannabis is strictly prohibited and can lead to DUI charges.
• Cultivation is permitted for adults, but is limited to six plants per person and no more than twelve plants per household. Plants must be grown in a locked, enclosed space out of public view.
• Employers may still enforce drug-free workplace policies, including termination for cannabis use even if used legally and off the clock.
• Landlords can prohibit cannabis possession or use on their properties.
• Cannabis sales are only legal through licensed dispensaries.
• Federal law continues to prohibit cannabis, which can impact college students at Arizona State University and others who receive federal benefits or live on federal property.

Frequently Asked Questions

Is recreational cannabis legal in Tempe?

Yes, recreational cannabis is legal for adults aged 21 and over, following state regulations for possession and use.

Can I grow cannabis at home in Tempe?

Yes, adults may grow up to six cannabis plants for personal use, with a maximum of twelve plants per household. Plants must be kept in a secure and private location.

Where can I buy cannabis in Tempe?

Cannabis can only be purchased from state-licensed dispensaries. It is illegal to buy cannabis from unlicensed sources.

Can I use cannabis in public places in Tempe?

No, consumption of cannabis in public spaces is not allowed. Use is restricted to private property.

What happens if I am caught driving under the influence of cannabis?

Driving under the influence of cannabis is a criminal offense and can result in DUI charges, similar to alcohol-related DUIs.

Are there employment protections for cannabis users in Tempe?

Employers may enforce drug-free workplace policies and can terminate or refuse to hire employees based on cannabis use, even if use is legal under state law.

Can my landlord prohibit cannabis use or cultivation?

Yes, landlords have the right to include terms in rental agreements that prohibit cannabis use or cultivation on their property.

Is medical marijuana still legal in Tempe?

Yes, medical marijuana remains legal for qualifying patients and caregivers per Arizona’s original Medical Marijuana Act.

Can I have previous cannabis convictions expunged?

Arizona law allows for the expungement of certain cannabis-related convictions. A lawyer can review your case and help with the expungement process.

How does federal law affect cannabis use in Tempe?

Cannabis remains illegal under federal law. This can affect people on federal property, students at federally funded universities, and those receiving federal benefits.

Additional Resources

If you have further questions or need official guidance, consider reaching out to these resources:

• Arizona Department of Health Services - Oversees medical and recreational cannabis regulation
• Tempe Police Department - For information about local law enforcement policy
• Arizona Cannabis Bar Association - Resource for attorneys specializing in cannabis law
• Legal Aid Societies in Maricopa County - Offer assistance to qualifying individuals

Next Steps

If you find yourself facing criminal charges, navigating business licensing, encountering employment disputes, or dealing with any uncertainty related to cannabis law in Tempe, it’s essential to seek professional legal advice. Here’s what you should do next:

1. Document your situation in detail, keeping any relevant paperwork and communications.
2. Consult with a lawyer who has experience in cannabis law. Many offer free initial consultations.
3. Stay informed about changes in state and local legislation that may affect your rights or responsibilities.
4. Reach out to the recommended resources above to get more information or to find an attorney.

Knowledgeable legal guidance can help ensure your rights are protected and help you navigate the sometimes confusing landscape of cannabis law in Tempe.