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#81
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"SB 420 says that nothing in the law authorizes the cultivation of medical cannabis for profit. The AG guidelines anticipate that medical cannabis dispensing collectives and cooperatives will operate in a "not-for-profit" manner. Many people confuse the phrase "not-for-profit" with the term "nonprofit." The phrase not-for-profit describes the behavior of a business or association that is not operated solely to generate profits for its owners. Any business, regardless of its formal structure, can operate in a not-for-profit fashion be reinvesting excess revenue (after salary and overhead) in patients services for members, advocacy for patients, or other typical nonprofit activity. The term nonprofit refers to a specific corporate structure under California law. Nonprofit organizations are organized for a variety of non-commercial activities including charitable, educational, and religious activities. Many nonprofit organizations are exempt from taxation at the state and federal level. However, medical cannabis collectives that choose to organize as California Nonprofit Mutual Benefit Corporations can not be exempt from taxation because the Internal Revenue Service will not recognize their activity as legal, and state exemption from taxation is contingent on federal exemption. It is important to note that nothing in the AG guidelines mandates a specific corporate or organizational structure. A traditional business form (corporation, partnership, limited liability company, etc.) could, in practice, substantially comply with the guidelines by operating in a not-for-profit fashion. Some additional clarification may be needed in the courts, but patients operating not-for-profit collectives should be aware that the perception of excessive profits is what motivates this portion of the guidelines. Paying reasonable salaries is acceptable, but other indications of excessive profits should be avoidedlavish bonuses or dividends, conspicuous spending, etc." |
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#82
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OK, thanks for the impute.
Maybe neither one of us is 100% correct in how we are explaining this, so if someone is really that interested they should talk to someone that KNOWS the law on this (attorney), not just a couple of informed advocates 'cut and pasting' from different sites. Besides I think we have both posted a few informative links.
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#83
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DELIVERY SERVICES Although state law has no explicit provision for delivery services, they can be justified on the grounds that many patients lack transportation and cannot grow for themselves. One way of setting up a delivery service consistent with state law is to act as a "primary caregiver." In this case, the caregiver grows the marijuana and delivers it to the patient. It is an unsettled question whether primary caregivers can buy medicine from outside sources. Although there is no provision in the law explicitly outlawing such purchase, the Attorney General's guidelines disallow it. Theoretically, the caregiver should not charge for the marijuana itself, but rather for his or her time and costs in providing it. Note that the caregiver should "consistently" provide for the patient's needs, and that multiple "primary caregivers" are not authorized in the law. The second way to organize a delivery service is as a non-profit cooperative or collective: in this case, the management should be in the hands of the membership, not a single individual. I was wondering about Business License or permits? Kind of like the green cross, Anyone got any more info? |
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#84
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#85
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You must apply for a sellers permit through the state so you can pay the sales tax owed. Seller's permit applicants require the business name (of course) but need not provide 'type' of business but not providing this might cause delays in getting updated info on specific business type issues. City or county business license's are only needed when required by city and/or county requirements, depending on how you set yourself up you may not be required to obtain this.
M4n; you can probably run a google and run across this site with most of the info you need to know to answer your question: Registration - Board of Equalization |
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#88
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this is more difficult due to a recent court decision that to qualify as a caregiver you must be able to show the relationship is established before the MJ entered the picture not started because of the MJ.
However if you have a person that can qualify they can grow 6 adult or 12 immature plants and then you can grow 0, you can't grow your max and have the caregiver grow your max also if that is what you are asking. But then again I guess LEO would have to look at both locations and count them up from there.... |
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#89
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FYI - Do not set up a delivery service based on being a 'CAREGIVER' this will NO LONGER WORK because of the recent supreme court decision, this is affected just like in my last post. Status has to be established BEFORE MJ enters the picture, so if you take care of your mother then you can still claim CAREGIVER status but if you are doing it for a buddy that just got his recommendation, no can do. Establish a collective or co-op that delivers to it's patients, as for having to have a specific license through the state, none needed, county by county it is different. |
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#90
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