Prescott, AZ asked in Agricultural Law and Cannabis & Marijuana Law for Arizona

Q: Under prop 207 am I aloud to sell plants

Just wanted to know if selling marijuana plants is legal

1 Lawyer Answer
Brian C. Soto
Brian C. Soto
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: The short answer is no.

In order to sell marijuana plants and/or marijuana, and extracts you will need to be licensed as a retailer by the Arizona Department of Health Services. Under A.R.S. § 36-2852(A)(4), you are entitled to transfer "up to six marijuana plants to an individual who is at least twenty-one years of age if the transfer is without remuneration and is not advertised or promoted to the public." Meaning you cannot receive any type of payment for the plants, and you also cannot advertise or promote the transfer of plants to the public.

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