(1) A person who is not licensed to sell medical marijuana pursuant to article 43.3 of title 12 or retail marijuana pursuant to article 43.4 of title 12, or pursuant to the laws regarding medical or retail marijuana under the laws of another state, who knowingly advertises in a newspaper, magazine, handbill, or other publication or on the internet the unlawful sale of marijuana, marijuana concentrate, or a marijuana-infused product by a person not licensed to sell marijuana, marijuana concentrate, or a marijuana-infused product commits a level 2 drug misdemeanor.
(2) The provisions of subsection (1) of this section do not apply to a primary caregiver, as defined in section 14(1)(f) of article XVIII of the state constitution , who advertises that the primary caregiver is available to be a primary caregiver to a patient, as defined in section 14(1)(d) of article XVIII of the state constitution .
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