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AZ Court: Medical Marijuana Patients Cannot Sell Marijuana


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Sell Marijuana
The Arizona Court of Appeals has ruled that Arizona’s medical marijuana patients cannot sell marijuana to other patients.

The Arizona Medical Marijuana Act (AMMA) states that medical marijuana patients can’t be prosecuted for providing marijuana to other patients as long as “nothing of value is transferred in return.” The law also states that “any [medical marijuana] cardholder who sells marijuana to a person who is not allowed to possess marijuana for medical purposes” will have their card revoked, which implies a patient can donate marijuana to another patient.

This is why Judge Fields wrote in his 2014 ruling that the clause “necessarily implies that a qualifying patient can sell marijuana.”

But the Court of Appeals judges ruled otherwise. They stated that “allowing such patient-to-patient transactions would … create an incentive to embark on a sales enterprise.”

Until another court reviews this issue, medical marijuana patients must adhere to the latest ruling to refrain from breaking the law.

Related article: Arizona Court to Review Marijuana DUI Immunity Ruling


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Arizona legalized marijuana for recreational use in November 2020. The law allows adults aged 21+ to purchase, possess and use cannabis. State-licensed cannabis dispensaries began selling recreational marijuana in early 2021. There are over 150 dispensaries in Arizona — a majority of them are in populous areas such as Phoenix, Tucson and Flagstaff. Recreational cannabis delivery services began operating in 2024.  


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