How to create a collective in California

[Budworks]

So what exactly is the ''Master Collective Agreement'' I remember this post and the rewording situation on the nature of the business which i thought was in regard to getting the business license.

I'm just trying to figure how to start at step 1 without a lawyer, care to elaborate on the MCA? an example? I'm trying to get a private closed loop collective going, but want to make sure I word the agreements correctly and include the essentials.

thanks for this guideline Freedomfghtr!

 

[Budworks]

How similar is the MCA to the typical member agreements we sign at collectives? same? or is this the one with the designations for the main individuals roles within the collective model? just confused as to what exactly this must consist of.

 

[GilligansIsle]

I think the requirements are spelled out in the AG guidelines, including the record keeping requirements.

 

[Thundurkel]

The day you became a citizen of the USA, whether born a citizen or became one is the day you entered into an argement with the federal government that you wouldn't have any guns when ILLEGAL drugs were present. That's a law they made and you agreed to oblige defacto and the rec from your doc doesn't invalidate that agreement because your docs rec is for STATE law, not federal law because it's not a federal perscription. If it was a federal perscription you could have pot AND oxycontin AND guns.

I thought the Supreme Court passed a law which makes the feds follow whatever the State law is now regarding medical marijuana? Therefore it would mean it's medicine and not an illegal drug so how does that work?

 

[GilligansIsle]

I must have missed that. What court case is it? I love that things are moving in an acceptable direction.

 

[Blue Dot]

I thought the Supreme Court passed a law which makes the feds follow whatever the State law is now regarding medical marijuana?

Obama offered a "suggestion" to prosecuters, that's about it.

There has never been a SCOTUS ruling that said the feds must follow state law.

 

[Pythagllio]

I thought the Supreme Court passed a law which makes the feds follow whatever the State law is now regarding medical marijuana? Therefore it would mean it's medicine and not an illegal drug so how does that work?

"To sleep, perchance to dream..."

...and when you woke up you found that SCOTUS had actually ruled the opposite in Raich v Gonzalez.

No offense meant. I often wake up thinking the world is right and it seems so damn real for a few minutes.

 

[deejaycruise]

Okay, but caregivers aren't the only solution, particularly because courts have ruled that you have to give your patients more than just medication and occasional "checkups." I don't have the medical background necessary to offer these services.

If I'm a member of a collective and I help provide them with meds, and they provide me with adequate and reasonable compensation for my time and expenses, isn't this quite different?

Caregivers are the only ones allowed reimbursement (11362.765[C]. You are talking collective, there is no compensation allowed to a collective for your time. Expenses should be shared in accordance with the terms of the agreement, all should work, some should pay electric directly, some should provide equipment some should pay for nutrients and some should provide the location, but never should cash be exchanged between two members through the collective. (maybe through a side agreement outside the collective that does not risk the legality of the collective and the other members and only risks those that make the side agreement)

 

[maik]

I would like to start a collective. According to the first post, there is a step for incorporation. Just to clarify, this is NOT needed for a regular collective right?

A regular collective just needs to have formal records, agreements, etc. It does not need to be incorporated?

Also, how do you pay taxes on a collective. Do you get a business license/permit? And, I have a business license for another business, do I need a new one for my collective?

Thanks!

 

[vta]

I would like to start a collective. According to the first post, there is a step for incorporation. Just to clarify, this is NOT needed for a regular collective right?

A regular collective just needs to have formal records, agreements, etc. It does not need to be incorporated?

Also, how do you pay taxes on a collective. Do you get a business license/permit? And, I have a business license for another business, do I need a new one for my collective?

Thanks!

FYI...The OP had a club that was raided several times and he is now looking at serious FED time. Don't get me wrong...Josh is a great guy and I was one the collectives first members/vendors...they just made too much money. Facts are that he had a great lawyer on retainer, paid taxes, donated to the local popo and was very active in the community...and still got raided. Be careful!

 

[maik]

Oo, that's a good disclaimer. What's the best way not to get raided?

What I wanted to know, however, is how clubs in good standing stay open and how do they form. Do most collectives go through incorporation or do they just have to make an agreement with members and not have to incorporate?

 

[gromajor]

actually really east to start collective- i did it via Kushstartnow.com

actually really east to start collective- i did it via Kushstartnow.com

i was able to start my collective with out even leaving my house through www.kushstartnow.com

they were able to draft and file my articles of incorporation through the offices of california secretary of state, Alex Padilla.
they obtained my EIN through the IRS
THEY ALSO OBTAINED MY SELLERS PERMIT THROUGH THE STATE BOARD OF EQUALIZATION.
on top of that they even printed out my cities municipal code with the zoning map and guided me on what i needed to do in my city to get started.

starting your collective is super easy and you want to make sure you do it the right way. you want to make sure that the articles of incorporation has the right language in it, and specifically outlines the purpose of the corporation. you have to have a non profit mutual benefit corporation too. i was able to get all my paperwork done and even got all the documents i needed for my collective like the membership agreement forms and transporters agreement form for only $850. www.kushstartnow.com i recommend any body who is trying to start a legit collective in California to give these guys a call- they know what they are doing!

 

[Epiphyte]

Sorry to harp on an old thread but I have a question..... when filing Articles of Incorporation in California, what to people put for "The specific purpose of this corporation is to...."? Does one mention medical cannabis?