Is it ever legal to buy or sell marijuana on Craigslist (and other similar sites)?

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Hey, Cannabist! Are Craigslist marijuana sales legal in Colorado?
–Penny Pinching Purps

Hey, Penny Pincher!

While many do sell marijuana on Craigslist, and three were just arrested for the act, I asked marijuana law and criminal defense attorney Lauren Davis what she knew. “The answer is a resounding no,” Davis told me. “It is not legal to sell cannabis on Craigslist.”

O.K., well what about posting an offer to trade some green for a service or good or donation? Davis said, “In fact, it is not legal to sell or trade cannabis for any service or item period.”

Davis continued, “The only people who can sell cannabis are licensed dispensaries or a caregiver who provides it to a patient in accordance with the voluminous state rules and regulations.”  

Area police departments read the Craigslist posts, too, and conduct sting operations, Davis said: “I have had criminal cases where the client tried to trade something on Craigslist for cannabis. They were charged with felony distribution of marijuana.”

It is legal to give away marijuana, though.

“It is legal for adults to give away up to an ounce of cannabis ‘without remuneration.’  Remuneration includes any compensation or trade,” Davis said, “so in other words, you can gift it to someone when that transfer is not part of a tit-for-tat exchange. Otherwise you are in violation of the criminal law.”

You got that? No tit-for-tat exchanges — and that includes “donations” — but feel free to give it away. XO

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