Medical Marijuana - FAQ
Q: Does offering marijuana seeds for sale on “Craig’s list” violate the AMMA?
The AMMA definition of Marijuana includes seeds § 36-2801. The “allowable amount of MJ” for patients and caregivers only includes “usable MJ” and the definition of “usable MJ” specifically excludes seeds. Dispensaries can dispense MJ, but no one else can. Also, only dispensaries can sell MJ under AMMA and only as set forth in the AMMA. In order to legally sell for value, your “Craig’s list” seller needs to be a dispensary agent working for a dispensary. See ARS 36-2801(10) and (11), and ARS 36-2811 (B)(3) and (E) and (F).
The criminal code definition of marijuana includes seeds, capable of germination, i.e. not sterilized. § 13-3401(19). Therefore, the Craig’s list sale of MJ seeds capable of germination is a violation of the Drug chapter, 13-3405.
As to the question of where a dispensary obtains marijuana, the Department of Health Services has promulgated a rule (R9-17-316) mandating that dispensaries can only obtain marijuana from: (1) its own cultivation site; (2) another dispensary or another dispensary's cultivation site; (3) a qualifying patient authorized by the Department to cultivate marijuana; or (4) designated caregiver authorized by the Department to cultivate marijuana.
The DHS website provides this guidance in its own FAQ:
Q: Where do I find seeds or plants to grow until the dispensaries open?
A: The Arizona Department of Health Services cannot advise anyone on where to obtain the means to grow marijuana.
The AMMA makes no provision on how to initiate growers, operating on the inference that the dispensary, caregiver or cardholder already has medical marijuana. It does, however, specifically regulate transfer between those entities using that presumption. The reality is that many (if not most) of these cultivators are likely getting their initial seeds/plants illegally, through Craig’s List or whatever other means they have.
Contributing to this FAQ: