Marijuana “Dispensary” Information


The California Attorney General has stated:

Seal of California
Under California law, medical marijuana patients and primary caregivers may “associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes.” (§ 11362.775.) The following guidelines are meant to apply to qualified patients and primary caregivers who come together to collectively or cooperatively cultivate physician-recommended marijuana.

RE: The Term “DISPENSARIES – DISPENSARY”
Storefront Dispensaries ( California Attorney General Guidelines, page 11 ):
1. Storefront Dispensaries: Although medical marijuana “dispensaries”
have been operating in California for years, dispensaries, as such, are not
recognized under the law. As noted above, the only recognized group entities are cooperatives and collectives. (§ 11362.775.) It is the opinion of this Office that a properly organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful under California law, but that dispensaries that do not substantially comply with the guidelines set forth in sections IV(A) and (B), above, are likely operating outside the protections of Proposition 215 and the MMP, and that the individuals operating such entities may be subject to arrest and criminal prosecution under California law. For example, dispensaries that merely require patients to complete a form summarily designating the business owner as their primary caregiver – and then offering marijuana in exchange for cash “donations” – are likely unlawful. (Peron, supra, 59 Cal.App.4th at p. 1400 [cannabis club owner was not the primary caregiver to thousands of patients where he did not consistently assume responsibility for their housing, health, or safety].)

* Under California’s Prop 215, there is NO instance where the word “dispensary” is used to define a store-front (or other) where medical marijuana patients could obtain their recommendations.

The word “dispensary” is not defined in the California Health and Safety Code or a dictionary. The words “dispense” and “dispenser” are both used in the Prop 215 language in context to their generally accepted meanings; defining the place and person that legally dispenses medications – also known as a REGISTER Pharmacist – WHO WOULD BE LICENSED TO DISPENSE medication.

The only people who can legally dispense medicine are licensed doctors and licensed pharmacists. Since marijuana remains in the Controlled Substances Act as a Schedule I drug, licensed doctors and licensed pharmacists cannot dispense marijuana as medicine AND NEITHER CAN ANYONE ELSE!!!

Cooperatives, Clubs, Collectives; whether located in a home, building or serve as a delivery service; are all member driven, mutually beneficial groups of individuals that gather together to pool resources to cultivate, harvest and process medical marijuana for member patient use.

Most members and “staff” of California co-ops, collectives, clubs and deliver services are facilitators not medical professionals, unless legally licensed to practice medicine or prescribe medications. 420 College recommends that the industry, and others, might consider eliminating their use of the terms; dispensary and dispensaries, in our industry; to avoid confusion while using more appropriate terms.

Please Note: Where you see these terms used on our website – it is for the shameless self-promotion of our pages and to the greater benefit of our site’s search engine optimization as the term, though misused, is the most commonly used to define a patient growing collective, co-op or club store front or delivery service in the medical marijuana (cannabis) industry.


marijuana court decisionsThe latest in court decisions came in People vs Jackson in San Diego county 01-20-2013. Jackson was acquitted of five counts related to possession and sale of marijuana in 2009 while operating Answerdam Alternative Care . The decision was taken to the Appellate Court of California. As expected the court ruled in favor of the defendant in January 2013.

The Appellate decision, as you can see in the image below, instructs the people and is written as follows “that when a defense under the MMPA is offered, the People are entitled to instruction advising the jury that a collective or cooperative protected by the MMPA MUST BE A NONPROFIT ENTERPRISE. Plainly, in determining whether a collective or cooperative is a nonprofit enterprise, it’s establishment as such under Corporations Code 122013 and any financial records of the enterprise will be relevant, including in particular any processes or procedures by which the enterprise makes itself accountable to its membership. An operator’s testimony as to the nonprofit nature of the enterprise is also relevant”

This is further strengthening 420 College‘s education on how to successfully operate a marijuana business. 420 College is offering ready made marijuana nonprofit business paperwork from California Secretary of State’s office along with Membership agreements, By-Laws, Authorization to Cultivate and Authorization to Transport on behalf of the nonprofit.

Based on the Appellate court ruling, these are the papers you need to start and operate a marijuana business and the paperwork you need to defend your case under the California’s MMPA. Look at the documents below.

 

 

As With ANY New Industry – There Are Always “Bumps”

in the Road and All Sorts of Points of Possible “Miss-Intrepretation” Of the Law.

When It Comes to Medical Marijuana a LITTLE “MISS-INTREPRETATION” OF THE LAW COULD MEAN YOUR FREEDOM!

Call us today, and get started with your marijuana store front collective.