Medical Grow - Legal Questions

[Seminole21]

I am a current California MM patient who grows my own medicine.

Currently, I only grow 1-2 plants in my closet at a time, as that produces a sufficient amount for my personal needs.

I have 4 family members who are also California medical marijuana patients, but have to purchase their medicine from collectives/dispensories. Being as though they don't have the room/time/capability to grow their own, they have come to me to see if I could grow on their behalf.

My question is:

What exactly do I need to do to legally be able to grow plants on their behalf? Ideally, I would like to continually flower 6 plants, have 6 plants in veg, and take clones from a mother plant.

I've done quite a bit of research on this topic and have come to the conclusion that I can have 6 mature plants (greater than 12 inches) OR 12 immature (less than 12 inches) and 8oz of dried MJ per patient. These limitations will work with the parameters that I have setup, but do I need documentation to be legal on the STATE level?

Growing for 4 other patients, do I need to form a collective and register a non-profit? Or can I just grow the plants and have their doc's reccomendation at my grow site. I would like to operate inside the state law. If the local Police Department came knocking on my door, what would I need to do (or setup) before hand, not to be taken away in cuffs.

Any advice or input would be greatly appreciated.

Thanks

 

[golddog]

Safe Access has this sample: http://www.safeaccessnow.org/ just search for the Document on there website.

[FONT=Frutiger LT 55 Roman, serif]Medical Marijuana Collective Agreement[/FONT]
[FONT=Frutiger LT 55 Roman, serif]Pursuant to California Health and Safety Code § 11362.775 [/FONT]


[FONT=Frutiger LT 55 Roman, serif]We, (1)__________________________, (2)___________________________, (3)____________________________ hereby certify that we are qualified patients suffering from serious medical conditions and have obtained recommendations or approvals from licensed physicians in the State of California to use medical cannabis (marijuana) to treat our medical conditions. Copies of our recommendations may be attached hereto.[/FONT]


[FONT=Frutiger LT 55 Roman, serif]As qualified medical marijuana patients under California law, we choose to associate collectively or cooperatively to cultivate marijuana for medical purposes. All members of our medical marijuana collective will contribute labor, funds, or materials, and all will receive medicine. We form this collective in accordance with California Health and Safety Code § 11362.775, which states:[/FONT]


“[FONT=Frutiger LT 55 Roman, serif]Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.” [/FONT]






[FONT=Frutiger LT 55 Roman, serif]According to __________________ County guidelines, one (1) patient may cultivate at least ___________ mature plants & ___________ immature plants and possess at least ____________ oz./lbs. of processed medicine. [/FONT]




[FONT=Frutiger LT 55 Roman, serif]This agreement shall be in effect as of ([/FONT][FONT=Frutiger LT 55 Roman, serif]DATE)[/FONT][FONT=Frutiger LT 55 Roman, serif]__________________.
[/FONT]





[FONT=Frutiger LT 55 Roman, serif]________________________________ ___________________________________[/FONT]
[FONT=Frutiger LT 55 Roman, serif]Patient #1 Name ([/FONT][FONT=Frutiger LT 55 Roman, serif]print clearly[/FONT][FONT=Frutiger LT 55 Roman, serif]) Patient #2 Name ([/FONT][FONT=Frutiger LT 55 Roman, serif]print clearly[/FONT][FONT=Frutiger LT 55 Roman, serif])[/FONT]


[FONT=Frutiger LT 55 Roman, serif]________________________________ ___________________________________[/FONT]
[FONT=Frutiger LT 55 Roman, serif]Patient #1 Signature Patient #2 Signature[/FONT]


[FONT=Frutiger LT 55 Roman, serif]________________________________ ___________________________________[/FONT]
[FONT=Frutiger LT 55 Roman, serif]Patient #1 Date Patient #2 Date[/FONT]


[FONT=Frutiger LT 55 Roman, serif]________________________________ [/FONT]
[FONT=Frutiger LT 55 Roman, serif]Patient #3 Name ([/FONT][FONT=Frutiger LT 55 Roman, serif]print clearly[/FONT][FONT=Frutiger LT 55 Roman, serif]) [/FONT]


[FONT=Frutiger LT 55 Roman, serif]________________________________ [/FONT]
[FONT=Frutiger LT 55 Roman, serif]Patient #3 Signature [/FONT]


[FONT=Frutiger LT 55 Roman, serif]________________________________ [/FONT]
[FONT=Frutiger LT 55 Roman, serif]Patient #3 Date [/FONT]




[FONT=Bell MT, serif]You may add new patient-members and their information as they join the collective[/FONT]


















































[FONT=Frutiger LT 55 Roman, serif]NOTICE TO LOCAL LAW ENFORCEMENT: Pursuant to the Constitution of the State of California, Amendment III, Section 3.5(c), state enforcement officials do not have the authority to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute. Furthermore, in [/FONT][FONT=Frutiger LT 55 Roman, serif]Garden Grove v, Superior Court[/FONT][FONT=Frutiger LT 55 Roman, serif], the Court of Appeal for the Fourth Appellate District has observed that, “it is not the job of the local police to enforce the federal drug laws.” Thank you for your understanding and compliance.[/FONT]

 

[Seminole21]

Thanks for that info. I just located that document on safeaccessnow.org

Is it really as easy as having them sign that doc? I am not "selling" the MJ at brick and mortar non-profit group (dispensory), so I don't need to form a non-profit, do I?

This is where I am getting confused. Am I 100% legal inside state law, just by having the people sign that collective agreement?

 

[Dan Kone]

Thanks for that info. I just located that document on safeaccessnow.org

Is it really as easy as having them sign that doc? I am not "selling" the MJ at brick and mortar non-profit group (dispensory), so I don't need to form a non-profit, do I?

This is where I am getting confused. Am I 100% legal inside state law, just by having the people sign that collective agreement?

He is correct. You're not selling anything. You're giving them medicine and they are just compensating you for time/expenses.

The corporation thing is kind of a grey area. Depends what you are doing with that money. If you're keeping it as cash and keeping around no more than $10k at any given time you should be ok. If you're paying rent with it you might need to consult a lawyer first.

 

[Seminole21]

Sounds good.

Thanks Dan and Golddog for the clarification.

 

[golddog]

Sounds good.

Thanks Dan and Golddog for the clarification.

This is the common way to start a collective, legally. Just make a few copies (the agreement & recommendations) and post then near your grow.

I also keep one by my front door, so I can step outside with it.

Here in SmellA the cops are not going to mess with you, if you have documentation.

Just don't sell it, or you are breaking the law.

Good Luck

 

[$Mike$]

Sounds reasonable...those forms are for the grow area only?

 

[Cristy]

I posed a similar question somewhere else today (its my first day, I'm still learning my way around. I'm in Cali, hold a 215 recommendation. About a month into an indoor garden....hydro with metal halide light. 6 plants in veg, locked storage shed. My husband is freaking out about getting busted. I feel fairly confident that we are within the guidelines set forth in 215/420. But we've seen a dramatic increase in sheriff's helicopter fly-overs. This has given quite a boost to his paranoia. Is there something I'm missing here? Can we still get busted? We are in Kern County, which defers to the state laws (none of our own yet.) But it is the bible belt of California. Any thoughts on our risk level? I need him on board with this, he is an irrigation engineer he designed and built the system.

 

[Shangeet]

My personal opinion for you to meet a lawyer as quick as you can.
In CA, you must be a member of the collective/co-op and hold the paperwork for each patient that you are
growing for. Further dont know about the risk level in this situation...

to see which component is missing you can see the post below....
cali prop 215 law question