California Collective paperwork?

[Lazyman]

Ok I've been through the Canorml.com site over and over, but can't find any info on what paperwork is required of a collective (not a caregiver or co-op) besides the various member doctor's recommendations posted on the door.

Can anyone shed some light? Is there another form or filing that must be done?

Thanks all,
LM

 

[ocean99]

I remember you gotta have your "articles of incorporation", but that's all I remember. FreedomFGHTER used to have a thread up that was like step by step that I wish I would have saved. I'm sure someone saved all that good shit.

 

[Lazyman]

Hmm arent articles just if you're forming a corporation? If thats the case then I could probably do so, but I don't recall seeing that step mentioned previously. I'll see if I can page FF to the thread

 

[GilligansIsle]

Ok I've been through the Canorml.com site over and over, but can't find any info on what paperwork is required of a collective (not a caregiver or co-op) besides the various member doctor's recommendations posted on the door.

Can anyone shed some light? Is there another form or filing that must be done?

Thanks all,
LM

I believe what you are looking for is set out in the AG's guidelines. Collectives paperwork information is there, not boilerplate forms though, you will need to make your own.

This is what it says:

Membership Application and Verification: When a patient or primary
caregiver wishes to join a collective or cooperative, the group can help prevent the
diversion of marijuana for non-medical use by having potential members complete
a written membership application. The following application guidelines should be
followed to help ensure that marijuana grown for medical use is not diverted to
illicit markets:
a) Verify the individual’s status as a qualified patient or primary caregiver.
Unless he or she has a valid state medical marijuana identification card, this
should involve personal contact with the recommending physician (or his or
her agent), verification of the physician’s identity, as well as his or her state
licensing status. Verification of primary caregiver status should include
contact with the qualified patient, as well as validation of the patient’s
recommendation. Copies should be made of the physician’s
recommendation or identification card, if any;
b) Have the individual agree not to distribute marijuana to non-members;
c) Have the individual agree not to use the marijuana for other than
medical purposes;
d) Maintain membership records on-site or have them reasonably
available;
e) Track when members’ medical marijuana recommendation and/or
identification cards expire; and
f) Enforce conditions of membership by excluding members whose
identification card or physician recommendation are invalid or have
expired, or who are caught diverting marijuana for non-medical use.

I hope this helps.

 

[Lazyman]

Thanks GI, that helps a ton! I can make something like that easy, will try to create it tonight and post a boilerplate version here so folks can re-use it, in California at least!

 

[GilligansIsle]

You are welcome. If you have not had the time to read all of the guidelines I think you should make the time. I think everyone in California should read them. There is a lot of information that can keep you out of trouble in them pages.

 

[Lazyman]

Yep I've read through 215 and 420 a couple times, just never ran across the list you posted above. Good stuff!

 

[GilligansIsle]

that is from the Attorney Generals guidelines, here is a link to the whole thing...

http://ag.ca.gov/cms_attachments/press/pdfs/n1601_medicalmarijuanaguidelines.pdf

 

[burnedout]

Freedom just reposted this in the Legal section.

http://www.icmag.com/ic/showthread.php?t=141805

 

[ourcee]

the legal definition of "collective" is non existent. It is basically a "group of farmers" in regard to MMJ.

how do you organize? thats up to you

how do you do payroll? thats up to you

how do you allocate funds/meds? thats up to you

what records are you REQUIRED to keep? Membership, just a list of who is part of the 'club'.

as far as I know you are not required to log WHERE the mmj came from, WHO it went to, HOW MUCH it went for or ANYTHING of that nature. Being a "collective" is expressly allowed just as "co op" however it has FAR less paperwork. Some might think the paperwork is their saving grace however a "co op" storefront getting raided is going to have the same implications as a "collective" storefront getting raided. So how much more detailed information do you WANT to have available to any LEO?

The raids aren't about tax evasion (although that is sometimes lumped in if they find 250k cash and no explanation for instance). They are about OTC (over the counter) cash sales. It has already been shown in court that patients can contribute cash and cash only to a 'collective' or 'co op' and that it is perfectly acceptable to do so.

The line is blurred when they use the word 'sales for profit'. As anyone will tell you, non profits can have salaries, but apparently the required structuring of finances regarding MMJ is extremely vague thus leaving it open to rogue LEO interpretation, often at the cost of the dispensary owner.

You can have a petty salary of less than 20k per year and they can still try to say you are "for profit". Thus the reluctance for new co ops to open. (the entire purpose of LEO's current position towards MMJ).

You can follow the law to a T and IF someone feels like coming after you they can and will. Will it get continued in court? possibly, probably not if you are smaller time. However you are still out all of the products they seize, money seized, time, and if you are lucky you wont have to bail out and spend even more on an attorney.

 

[Lazyman]

Good info ourcee, no I don't want a co-op or storefront, no dispensary. Looking for ways to pay taxes, deduct expenses, and most importantly, show an income history (even as a "consultant" ) as a job and for credit worthiness. Can't just quit my job and live on cash, too hard to buy houses with it and such. I got a little info from another trusted board member here, anyone else have any insights? I still have my job for the time being but I'd like to set my wife up as an independent consultant and file a tax return for her as such. I think this would allow her to open a small business bank account (replete with bank bags and drop box key) so she can make deposits as needed. Expenses and payroll can then be taken from that account, correct? And she can get nice quarterly bonuses or whatever. Any thoughts?

 

[furley]

Let's just say there is a dispensary in Richmond that has no legal definition to the county that it is a dispensary in any way, yet continues business as normal everyday.

 

[burnedout]

Let's just say there is a dispensary in Richmond that has no legal definition to the county that it is a dispensary in any way, yet continues business as normal everyday.

I don't understand exactly what you're trying to say here. Can you explain?

 

[furley]

I don't understand exactly what you're trying to say here. Can you explain?

That a dispensary can run but not actually be called a dispensary on any type of documentation. Just a rented building with a regular business license

 

[burnedout]

Gotcha..So basically if a dispensary can get by without documentation then a patient collective shouldn't need any either, correct?

 

[Mr-B]

In Richmond, where?
Do you have a name?

 

[mydnytetoker]

Here is a download for a sample collective agreement from ASA's website. You do not need to file Articles of Incorporation for a collective. AoC is for a Co-operative.

Good Luck.

http://www.safeaccessnow.org/downloads/SampleCollectiveAgreement-New.doc