Forum Shop Market
Seeds FAQ Tools
SEE OUR MARIJUANA SEED GUIDE FOR THE BEST STRAINS
Looking for Legal Marijuana look no further!
Go Back   Marijuana Growing > Marijuana News & Discussion > Medical Marijuana


Reply
 
LinkBack Thread Tools Display Modes
  #81    
Old 09-13-2008, 06:49 PM
K.J
Marijuana Toker
Marijuana Toker
K.J is offline
 
Join Date: Sep 2008
Posts: 117
K.J is on a distinguished road
Points: 498, Level: 3 Points: 498, Level: 3 Points: 498, Level: 3
Activity: 0% Activity: 0% Activity: 0%
Quote:
Originally Posted by ta2drvn View Post
There is no difference between non-profit or not-for-profit, it is in name-only (semantics, in other words). Sometimes people referred to these differently to help convey what the intent of the organizations is with regards to any profits or overages made by the organization.

However, there is a difference between a 501(c)(3) non-profit and one that doesn't have this status, one has the ability to allow donations to be tax deductible because of an allowance granted by the IRS and the other doesn't. This is a common misconception, I was very actively involved in a non-profit that at times flirted with the notion of registering as a 501(c)(3) but never did.

But don't take my word for it:

non-profit vs not for profit - Google Search
Actually, there is a difference; that being the technical legal structure. Here it is from the American's For Safe Access essay on what the AG's recommendations mean for compassion clubs in CA:

"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."
Reply With Quote
  #82    
Old 09-14-2008, 10:04 AM
ta2drvn's Avatar
420 TIME
Stoner
ta2drvn is offline
 
Join Date: Apr 2008
Posts: 581
ta2drvn will become famous soon enough
Points: 5,361, Level: 10 Points: 5,361, Level: 10 Points: 5,361, Level: 10
Activity: 0% Activity: 0% Activity: 0%
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.
Reply With Quote
  #83    
Old 09-14-2008, 12:42 PM
m4n
Stranger
Stranger
m4n is offline
 
Join Date: May 2008
Posts: 13
m4n is on a distinguished road
Points: 523, Level: 3 Points: 523, Level: 3 Points: 523, Level: 3
Activity: 0% Activity: 0% Activity: 0%
Quote:
Originally Posted by m4n View Post
Anyone know what you need to open a delivery service??? I will go back and re-read this thread.
This is all that i found:
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?
Reply With Quote
  #84    
Old 09-14-2008, 01:45 PM
K.J
Marijuana Toker
Marijuana Toker
K.J is offline
 
Join Date: Sep 2008
Posts: 117
K.J is on a distinguished road
Points: 498, Level: 3 Points: 498, Level: 3 Points: 498, Level: 3
Activity: 0% Activity: 0% Activity: 0%
Quote:
Originally Posted by ta2drvn View Post
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.
Amen.
Reply With Quote
  #85    
Old 09-14-2008, 02:26 PM
ta2drvn's Avatar
420 TIME
Stoner
ta2drvn is offline
 
Join Date: Apr 2008
Posts: 581
ta2drvn will become famous soon enough
Points: 5,361, Level: 10 Points: 5,361, Level: 10 Points: 5,361, Level: 10
Activity: 0% Activity: 0% Activity: 0%
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
Reply With Quote
  #86    
Old 10-28-2008, 03:56 PM
Stranger
Stranger
starwickes is offline
 
Join Date: Oct 2008
Posts: 1
starwickes is on a distinguished road
Points: 12, Level: 1 Points: 12, Level: 1 Points: 12, Level: 1
Activity: 0% Activity: 0% Activity: 0%
You can't get a NEw license fm the state, but you can buy existing licenses. Check out 420lawyers.com. Gives some good info. on starting your own.
Reply With Quote
  #87    
Old 12-14-2008, 04:52 PM
msgrappling's Avatar
Learning How To Roll
Learning How To Roll
msgrappling is offline
 
Join Date: Nov 2008
Posts: 33
msgrappling is on a distinguished road
Points: 1,142, Level: 5 Points: 1,142, Level: 5 Points: 1,142, Level: 5
Activity: 0% Activity: 0% Activity: 0%
so if patients designate you are their "grower", How many plants can you grow and how many can the patient grow now that he's turned over his right to grow to someone else?
Reply With Quote
  #88    
Old 12-14-2008, 09:32 PM
ta2drvn's Avatar
420 TIME
Stoner
ta2drvn is offline
 
Join Date: Apr 2008
Posts: 581
ta2drvn will become famous soon enough
Points: 5,361, Level: 10 Points: 5,361, Level: 10 Points: 5,361, Level: 10
Activity: 0% Activity: 0% Activity: 0%
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....
Reply With Quote
  #89    
Old 12-15-2008, 02:44 AM
ta2drvn's Avatar
420 TIME
Stoner
ta2drvn is offline
 
Join Date: Apr 2008
Posts: 581
ta2drvn will become famous soon enough
Points: 5,361, Level: 10 Points: 5,361, Level: 10 Points: 5,361, Level: 10
Activity: 0% Activity: 0% Activity: 0%
Quote:
Originally Posted by m4n View Post
This is all that i found:
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?




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.
Reply With Quote
  #90    
Old 04-30-2009, 06:36 PM
420Chillin's Avatar
Stranger
Stranger
420Chillin is offline
 
Join Date: Apr 2009
Location: Pasadena
Posts: 10
420Chillin is on a distinguished road
Points: 85, Level: 1 Points: 85, Level: 1 Points: 85, Level: 1
Activity: 0% Activity: 0% Activity: 0%
Send a message via AIM to 420Chillin
Quote:
Originally Posted by ta2drvn View Post
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.
Where did you get your information from a lawyer?
__________________
A friend with weed is a friend indeed...

Marijuana Dispensary Courses
 

Tags
dispensary, open

Thread Tools
Display Modes

Thread

Thread Starter

Forum

Replies

Last Post

Cannibis Dispensary in Colorado? Rocky Mountain High Medical Marijuana 232 09-04-2009 12:13 AM
Dispensary Purchase/Sale threatlevelorange General Marijuana Growing 17 08-25-2009 01:39 PM
California Dispensary sams0n Toke N Talk 6 03-15-2008 05:45 PM
Ripped off by dispensary threatlevelorange General Marijuana Growing 22 01-29-2008 09:17 PM
which medical marijuana dispensary in L.A. have white widow ???????? squirtle Medical Marijuana 0 01-02-2008 09:03 PM

Posting Rules

You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

Come Check out a new Poker Forum for the online poker community

All times are GMT -7. The time now is 12:42 PM.
Powered by vBulletin
Copyright © 2000-2009 Jelsoft Enterprises Limited.

Content Relevant URLs by vBSEO 3.3.2