Case Law Update

State v. Sorensen (2023): Sales Offenses Now Eligible for Marijuana Expungement

When Arizona voters passed Proposition 207 in 2020, they authorized expungement of personal-use marijuana convictions under A.R.S. § 36-2862. But the statute's coverage of sales offenses was unclear — until State v. Sorensen.

The Prop 207 framework

A.R.S. § 36-2862 covers four categories of marijuana offense:

• Possession of 2.5 oz or less of marijuana
• Possession of 12.5 g or less of marijuana concentrate
• Cultivation of 6 or fewer plants for personal use
• Possession or use of marijuana paraphernalia

"Personal use" is the operative phrase. The statute was clearly written to cover possession-type offenses. But what about sales offenses where the underlying quantity was small enough to fit personal-use limits?

The pre-Sorensen split

Lower courts disagreed. Some treated any sales offense as outside § 36-2862, even when the amount was clearly for personal use. Others read the statute liberally — focused on whether the conduct, not the charge label, was within personal-use limits.

What Sorensen held

In State v. Sorensen (2023), the Arizona Supreme Court resolved the split: sales offenses are eligible for § 36-2862 expungement when the underlying quantity falls within personal-use limits.

The Court reasoned that Prop 207's purpose was to clear records of conduct that is now legal. Personal-use marijuana is now legal regardless of whether it was charged as possession or as a small sale. Excluding sales charges would defeat the voter's intent.

What is and isn't covered after Sorensen

Eligible under Sorensen:

• Sales of marijuana to friends/acquaintances in personal-use quantities (under 2.5 oz)
• "Possession with intent to distribute" charges where the actual quantity was small
• Cultivation-with-intent-to-distribute charges where the plant count was 6 or fewer

Still not eligible:

• Trafficking offenses (large quantities — pounds, not ounces)
• Distribution to minors
• Sales involving organized criminal enterprise

Practical effect

Many Arizonans with old "marijuana sales" convictions assumed they couldn't expunge. After Sorensen, they probably can — provided the underlying quantity was within personal-use limits. The court will look at the actual evidence, not just the charge label.

Marijuana expungement is the strongest remedy available in Arizona — the record is destroyed, not just hidden. For pre-2020 convictions especially, this is a significant unlocking of opportunity.

For more on § 36-2862 procedure, see our Arizona Marijuana Expungement Guide.