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.
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