Can a Caregiver or Medical Cardholder Provide Marijuana to Another Person who has a Medical Marijuana Card in Arizona?

Posted by Raymond Kimble | May 07, 2020 | 0 Comments

Recently, I have been contacted by several individuals who hold valid Arizona medical marijuana cards but were arrested by police for alleged illegal marijuana sales.  This is a sign that police agencies in the greater Phoenix area are increasing enforcement efforts against people who they believe are attempting to skirt the Arizona Medical Marijuana Act.  Often these investigations result from legitimate marijuana patients and caregivers who advertise marijuana on various internet sites in exchange for a "donation."

The Arizona Medical Marijuana Statute

Simply put, the Arizona Medical Marijuana Act allows a valid cardholder to possess up to 2.5 ounces of marijuana for medical purposes.  Purchases can be made from a state licensed dispensary every two weeks as long as not more than 2.5 ounces is bought during that timeframe.  A medical marijuana card can only be obtained by recommendation from a qualified physician after being diagnosed with a qualifying medical condition.

In certain instances, medical marijuana patients can obtain pot from a designated caregiver.  Designated caregivers must have permission to cultivate marijuana before being able to grow their own plants.  Moreover, a caregiver can only provide medical marijuana to five patients and a cardholder is only allowed to have one designated caregiver.  In order to receive marijuana from a caregiver, a patient must live at least twenty five miles from the nearest dispensary.  Finally, a caregiver cannot cultivate more than twelve marijuana plants per patient.

Illegal Medical Marijuana Transactions

Many people mistakenly believe that a medical marijuana card or caregivers privilege allows them to freely provide marijuana to other patients.  Pursuant to this belief, people will advertise marijuana on the internet and trade it to cardholders in exchange for a donation.  Unfortunately, this is specifically prohibited by Arizona law and the Arizona courts which have considered these activities. 

Specifically, A.R.S. 36-2811 provides that:

Nothing of value can be transferred for offering or providing marijuana to a registered qualifying patient, registered caregiver or nonprofit medical marijuana dispensary.  

Donations are characterized as "something of value" and are viewed exactly the same as a marijuana sale.

The Consequences of Engaging in Marijuana Transactions for a "Donation"

People who are arrested and prosecuted for providing marijuana to others will face charges ranging from Illegal Control of an Enterprise to  Possession or Transportation of Marijuana for Sale.  These offenses can be categorized as Class 2, 3 or 4 felonies depending upon the length of time over which the activity occurs, the number of transactions which take place and the amount of marijuana involved.   Individuals convicted for these offenses will face the possibility of being placed on probation, sentenced to prison and the imposition of significant fines.

 Arrested for a Marijuana Offense?

Get Experienced Representation: (480) 833-8613

The most important step you can take after being arrested or charged with a marijuana crime is finding the right attorney. Raymond A. Kimble has represented thousands of people charged with marijuana possession, distribution and sales throughout Arizona over the last twenty years. For a free consultation and to learn more about your options, call (480) 833-8613 today.


About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.


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