What We Do for YOU
With more than 16 years of experience and continuing education seminars – such as the Bureau of Medical Marijuana Regulation – Los Angeles Workshop #1, we are ready to help you facilitate the formation of your very own medical marijuana collective or update your existing collective.
It is most important to understand the distinction between permits or licenses authorizing Medical Marijuana activities verses Commercial Adult Use Marijuana activities.
1. Medical Marijuana activities
Let’s start with Medical Marijuana activities. Under the California Compassionate Use Act (CUA) of 1996 (Proposition 215 including the Medical Marijuana Program (MMP), Seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. [See, Health & Safety Code Section 11362.5(a) et. seq.]
Therefore, it is not surprising that Cities and Counties who have or are contemplating ordinances authorizing and taxing Medical Marijuana activities in their jurisdiction do so because the activities provided are for the benefit of their residents regardless of age.
For example, the City of Perris recently passed and ordinance authorizing medical marijuana dispensaries that are defined as, “medical marijuana dispensary” means any facility or location where marijuana is made available, sold, transmitted, given, or otherwise provided to qualified individuals in accordance with the California Compassionate Use Act of 1996 (Proposition 215)
If you are a medical marijuana patient wishing to form your own collective, our fixed fee – complete formation and corporate compliance package – will provide you the tools to put you ahead of the others with proper formation, member accountability, non-profit operations, proper allocation of costs and revenues.
With more and more Cities permitting medical marijuana collectives, proper formation and operations are keys to obtaining a permit to operate.
2. Non-Medical and Medical Marijuana activities
The Control, Regulate and Tax Adult Use of Marijuana Act (hereafter called the Adult Use of Marijuana Act) (AUMA) will consolidate and streamline regulation and taxation for both nonmedical and medical marijuana. [See AUMA, page 1, SECTION 2. FINDINGS AND DECLARATIONS, para B.]
The AUMA legalizes marijuana for those over 21 years old, protect children, and establish laws to regulate marijuana cultivation, distribution, sale and use, and will protect Californians and the environment from potential dangers. It establishes the Bureau of Marijuana Control within the Department of Consumer Affairs to regulate and license the marijuana industry.
We offer a variety of legal services to meet our clients’ needs with a focus on the proper formation and compliance of medical marijuana collectives formed under the Medical Marijuana Program (MMP), Medical Marijuana Regulation and Safety Act (MMRSA) and Adult Use of Marijuana Act (AUMA).
Be advised, until the MMRSA is implemented in 2018, the MMP is the sole affirmative defense for collectives and their members to criminal charges specified in Health & Safety Code Section 11362.775.
What You Will Receive under the Medical Marijuana Program (MMP)
A California Non-Profit Mutual Benefit Corporation (“Private Patient Collective”).
- Prepare and file Articles of Incorporation with the Secretary of State by Standard Service
- Obtain Corporate Kit, Corporate Seal
- Prepare By-Laws
- Unanimous Consent of Directors (1st meeting of directors that releases the incorporators and elects the directors, offices and managing member.
- Membership Certificates (Issued to Stakeholders of the Collective)
- Prepare Membership Agreements: Membership Accountability File Folder Check-List, Membership & Association Agreement, Release and Waiver of Liability-Indemnity Agreement, HIPPA – Medical Release of Physician’s Recommendation/Statement, Member Cultivation, Transportation & Possession Agreement, Member Transportation & Possession Agreement, Supporting Documents Patient Membership Number Template – Download all to CD (in .pdf format)
- Facilitate Client with online Tax ID number
- Prepare and file mandatory Secretary of State, Statement of Information ($20.00 filing fee included)
- Act as point of contact for Paracorp Incorporated (agent for service of process)
- Prepare Paracorp Incorporated Annual Information sheet
- Prepare notices and minutes for special and annual meetings
This Agreement includes complimentary six (6) months of telephonic nonprofit corporate compliance. This free services is to ensure that any changes in directors, offices and managing member is properly documented and filed with the secretary of state).
How You Will You Receive Your Collective Documents:
You will receive your documents in (3) three separate notebooks: 1. The Original Corporate Kit with Corporate Seal, 2. Supporting Records Binder for All Members and 3. Supporting Records Binder for Contributing Members.
1. The Original Corporate Kit with corporate Seal – available in Black, Green and Burgundy – should be kept in a safe place as a backup to the Supporting Records binder for All Members and includes:
- Corporate Kit, Corporate Seal ($82.00 purchase price included),
- Articles of Incorporation with the Secretary of State by Standard Service ($99.50 Service – Filing Fee included,
- Prepare and file mandatory Secretary of State, Statement of Information ($20.00 filing fee included),
- Act as point of contact for Paracorp Incorporated (agent for service of process),
- Prepare Paracorp Incorporated Annual Information sheet and Annual Statutory Agent for Service of Process Agrement ($125 annual fee included),
- Unanimous Consent of Directors (1st meeting of directors that releases the incorporators and elects the directors, offices and managing member,
- Prepare By-Laws,
- Membership Certificates (Issued to Stakeholders of the Collective),
- Membership Agreements: Membership Accountability File Folder Check-List, Membership & Association Agreement, Release and Waiver of Liability-Indemnity Agreement, HIPPA – Medical Release of Physician’s Recommendation/Statement, Member Cultivation, Transportation & Possession Agreement, Member Transportation & Possession Agreement, Supporting Documents Patient Membership Number Template – Download all to CD (in .pdf format).
2. “The Supporting Records Binder for All Members” holds all of the formation documents referenced above AND all of the completed membership documents as required by California Law. The proper procedure for both regular members and contributing members is clearly stated and easy to follow. Each Director, and Stakeholder/Managing Member of the Collective should have a copy of this binder. The documents in this binder are not stapled so that additional copies can be easily made. This binder will be used to make the “Supporting Records Binder for Contributing Members of the Collective”.
3. The “Supporting Records Binder for Contributing Members” holds just the Article of Incorporation, Federal Tax ID number, Cultivation or Transportation Agreement and is provided to those member of the collective who are contributing there time to the collective. This binder only contains those member agreements that the contributing member is cultivating for or transporting the collectives medical marijuana to.
Call (888)-828-2483 today to schedule a complimentary telephone consultation for more information.
We look forward to hearing from you.