Open Medical Marijuana Delivery Service Full

County Guidelines pageboy Chapter 1 Obtaining a Doctors Recommendation A doctors recommendation lead forgo you to progeny the next critical step of obtaining a aesculapian checkup ganja Card by dint of and through atomic number 20s MMP Program. No official registration is required to obtain a doctors recommendation. Marijuana mountain be recommended by a doctor for ANY serious condition for which it posts remainder over 250 uses dedicate been reported. option To see a sample Doctors Recommendation go to http//www. canorml. org/prop/MDRec cast. jpg WARNING Bew be bogus clinicsSome unethical doctors be charging clients extra for soc whollyed cultivation licenses supposedly entitling them to grow to a greater extent than the normal number of plants. There is no such thing as a cultivation license beneath atomic number 20 law. Any persevering with a calcium physicians recommendation whitethorn legally cultivate or have as much hemp as they requirement for their pr otest personal medical checkup exam use, and no more. No physician can solve them to cultivate more (they can only testify in court that a current amount of ganja is consistent with the respective(prenominal) endurings fills, and they do non have professional competence to prescribe plant number).ResourceTo find a calcium Physician you can go to http//listings. canorml. org/physicians/listings. lasso 3Page Chapter 2 Obtaining a California Medical Marijuana Identification Card The next step to starting a Legal Medical Marijuana Deli very(prenominal) Service is to obtain a Medical Marijuana Identification Card through the California Medical Marijuana Program (MMP). This identification card bequeath allow you to legally carry a developn amount of Medical Marijuana as outlined in your counties bylaws, and to be recognized as a thrill giver for your patients.In new(prenominal) words from each cardinal county has their own guidelines as to how much cannabis each phencycli dine hydrochloride can carry legally for each of their patients. Establishing yourself as aMedical Marijuana Caregiver leave allow you to legally serve your patients. ResourceTo consecrate simply run across out the conformation located at www. cdph. ca. gov/pubsforms/forms/CtrldForms/cdph9042. pdf After you have completed this form it is best to apply in person at your topical anaesthetic County Department of Public health for expediency purposes. You can do it online or via fax, but this can civilise months to complete. ResourceYou can ind your local County Department of Public Health by going to http//www. cdph. ca. gov/services/Pages/MMPCounties. aspx When you apply you submit out need to bring the necessary entryation which includes a) b) c) d) Your Application Form Your Physicians pass Number Your Doctors Recommendation Form You give likewise need to supply personal information to prove residency such as a drivers license, utility bill, or government pick outd pho to ID. 4Page You depart need to counterbalance the coat fees and be photographed. The exercise fees vary by county and are usually $66. 00 + administrative fees.To ensure the application process goes smoothly and to give yourself the best chance of not having any unforeseen obstacles it is al authoritys a good idea to take an individual who has traceed documentation stating they are a patient in your care. We will talk more about the necessary patient care documentation later. It is important to understand that to be a immortalise aboriginal caregiver for more than one patient you must(prenominal) live in the same county as all of your patients. It is strictly forbidden and embezzled to operate a bringing bank line across county lines. 5Page Chapter 3 Starting The Business / Nonprofit tonus 1 Your Delivery Business / Nonprofit Name The primary step in creating your new medical cannabis delivery furrow is to think of a expose for your new business. Most medical marij uana collectives and coops use the terms collective, caregiver, or something of that of that nature in their name. Youll also need to pay back sure that your physical address resides in the city and county that your delivery business will be operating in an. It is also important to note that this physical address cannot be a P. O. Box. Resource Make sure to check the availability of your nonprofit name by going to http//www. sos. ca. gov/business/corp/corp_naav. tm measuring stick 2 Start a Nonprofit Organization Next we will need to create a Non-Profit because nonprofits are the only geeks of organic laws that are allowed to operate as medical marijuana patient care givers. This is also the quickest and easiest port to draw and quarter into the medical marijuana industry. The best way to set this up is to place yourself in the role of president of the Non-Profit. This enables you to recuse yourself of responsibility for the actions of other members. Your social station bar rackment will outline the rules for membership and no one can join or pay off a patient unless they have agreed to the membership guidelines.The process of starting a nonprofit validation generally involves 1. Drafting Bylaw 2. Submitting Articles of Incorporation to the put forward of California Drafting Bylaws Drafting Bylaws sets forth the structure of the organization and creates a governing board with final authority for the organization Resource For an example of Nonprofit Bylaws go toLink 6Page Completing and Submitting Articles of Organization To incorporate as a nonprofit in the state of California you will need to complete articles of organization and submit them. There is generally a $30. 0 filing fee for these forms. Resource Articles of Organization Forms www. sos. ca. gov/business/corp/pdf/articles/corp_artsnp. pdf To submit this form you will need to go to one of the 2 regional offices located at either Sacramento master(prenominal) Office 1500 11th Street Sacrame nto, CA 95814 (916) 657-5448 Or Los Angeles Regional Office 300 South ring Street, Room 12513 Los Angeles, CA 90013 (213) 897-3062 Step 3 Creating a Website The next step is to create a website. If you do not have any experience creating websites do not be frightened.You can register a domain name (universal resource locator) at one of the many registration services found online. You can and then use one of the many web site builders also found online that allow you to do ingenuous drag and drop web design that enables even a novice to create a website with utterly no programming skills necessary. Please note that it is also a good idea to utilize this URL for your e-mail account. Many of the registration services allow you to do this and it looks much more professional than having a generic e-mail address like Gmail. All told you can expect to spend between $30. 00 and $50. 0 getting your website up and running and this can be achieved in as little as a couple of hours. 7Page Step 4 Financials In the next step we will be establishing the necessary financial aspects for our Non-Profit. The first of which is a bank account and a FEIN Number. To set up a bank account simply go to your local branch and tell them you would like to set up a business account. Youll need to provide them with the necessary documentation including the documentation for your Non-Profit. To obtain a venders lease, which we will talk about later, you will need to obtain your FEIN Number.Resource For a simple form that you can give your bank which includes the legal name and structure of your medical marijuana delivery business as well as your physical mailing address go to http//www. irs. gov/pub/irs-pdf/fss4. pdf Resource To get your FEIN Number go to http//www. irs. gov/businesses/small/article/0,,id=102767,00. hypertext markup language Step 5 Obtaining a Sellers Permit nowadays it is time to get your Sellers Permit. The sellers allow is one of the most important aspects in k eeping your medical marijuana delivery business legal. A sellers permit allows you to pay evaluateationes on your business.Even though you are operating a nonprofit, you are liable for taxes. We have devoted an entire chapter to taxes found later in this book. Youll need to get your Sellers permit from the California State board of equalization. All you will need to do is bring all the documentation weve outlined in the previous sections and go to the local office of the board of equalization and give way an estimated down defrayal based on your estimated quarterly income. This down payment will be very small if you currently only have one patient, which will generally be the case.Resource For a California Sellers Permit Application Form, as well processing instructions go to http//boe. ca. gov/pdf/boe400spa. pdf 8Page Step 6 Obtaining a Business License Now it is time to get a Business license. To do this we will need to fill out the necessary form depending upon what town or county you live in. The easiest way is to simply Google business license + your town or county. Next you will need to go to your county specific business license branch, with your documentation, and simply tell them you will be operating at a basis Healthcare delivery surface.Resource For county by county business license application instructions go to http//www. cityapplications. com/business-licenses/CA-California/biz-California. html 9Page Chapter 4 Operating The Business Now it is time to discuss the operations and focusing of your medical marijuana delivery service in regards to staying compliant with California Law. Membership The lifeblood of your business will be membership because if you do not have anyone to deliver to you will not be devising any money. To join your Non-Profit and become a patient each member will have to agree to your membership terms.Legal Application Requirements To legally operate in the state of California you must perform genuine steps when tak ing on new members or patients. Step 1 Verification You must ascertain each members status as legally able to be a patient under your care. The way that you do this is by verifying their medical marijuana identification card number. Resource To verify a potential patients medical marijuana card go to http//www. calmmp. ca. gov/ Step 2 Primary Caregiver Form Next you will need each person to sign a form designating you as their primary caregiver.Resource You can find a sample form by going to http//www. peaceinmedicine. org/PDFs/PrimaryCareGiver. pdf 10 P a g e Step 3 Membership Form For you to legally open Medical Marijuana to your patients they must be members of you Nonprofit. To become members they need to simply fill out a membership form. Resource For a sample membership for go to http//www. greendotguy. com/Membership-Agreement. pdf 11 P a g e Chapter 5 Products / Medical Marijuana If you have not already youll need to acquire the products or medical marijuana you will be providing to your patients.This is an important step because you must make sure that you acquire your products lawfully. As per California law collectives and cooperatives can only acquire medical marijuana from their own members. This elbow room you can only acquire medical marijuana grown by spouse members of your collective. In other words before you can purchase medical marijuana from a tiller they must first be a member of your collective. This is very simple to do. Simply have the tiller or growers sign a membership agreement before you obtain the medical marijuana you will be delivering to your patience from them.This allows your operations to consist of acquiring medical marijuana from one of your nonprofit members and distribute it to your non-profit patients. This is what we call a closed cycle. Resource For a sample membership for go to http//www. greendotguy. com/Membership-Agreement. pdf 12 P a g e Chapter 6 Revenue Members of your non-profit may reimburse you f or medical marijuana that has been allocated to them in the amount necessary to cover overhead and operating expenses as well as services provided. This means that members can reimburse you for your delivery service through reasonably calculated compensation.This is the way in which you fate to record accrued revenue in addition to the overhead cost. 13 P a g e Chapter 7 Possession, Delivery, and the Law As per California law a primary caregivers may poses a certain amount of medical marijuana for each patient under their care. If you are operating your delivery business and you have more than the personal legal border of medical marijuana you should have financial support records readily available showing that you have under the legal limit allowed for the number of patients you have under your care.This is especially important when youre transporting medical marijuana for delivery. Primary Caregiver To be classified as a primary caregiver the Supreme Court has set forth certai n requirements a) A primary caregiver is an individual who consistently provides caregiving independent of any assistance in taking medical marijuana at or before the time he or she assumed responsibility for assisting with medical marijuana. large number v. Mentch(2008) 45 Cal. 4th 274, 283 (85 Cal. Rptr. 3d 480, 195 P. d 1061) b) The person must show a caretaking relationship enjoin at the core survival needs of a seriously ill patient, not just one single pharmaceutical need. Id. at p. 286. To be classified as a primary care giver it is important to operate within these guidelines. SB 420 allows caregivers to be compensated for their services but it does not authorize the sale of marijuana itself for profit. Therefore, to run a successful medical marijuana delivery business it is recommended that you 14 P a g e tipulate your compensation is being accrued from the service of medical marijuana delivered in the form of donations. California State Law It is important to note Cal ifornia State law and how it pertains to a medical marijuana delivery services. 1. Patients and caregivers with a state-issued ID card are immune from arrest and allowed to possess whatever amount the law allows them. 2. Patients and caregivers without a state-issued ID card, even with a physicians statement or county entitlement, are subject to case by case scrutiny that can lead to arrest.As per California State law, possession and cultivation of marijuana grants immunity to patients and caregivers who possess or cultivate marijuana for personal medical use based on the recommendation of a Physician and within county guidelines of residence. 15 P a g e Chapter 8 Taxes In October 2005, after meeting with taxpayers, businesses, and advocacy groups, the carte directed faculty to issue sellers permits regardless of the fact that the property being interchange may be hot, or because the applicant for the permit did not indicate what products it sold.This new polity was effective immediately. BOE policy regarding the issue of a sellers permit was amended to provide that a sellers permit shall be issued to anyone requesting a permit to sell tangible personal property, the sale of which would be subject to gross sales tax if sold at retail. Previously, the Board would not issue a sellers permit when sales consisted only of medical marijuana. Anyone selling tangible personal property in California, the sale of which would be subject to sales tax if sold at retail, is required to hold a sellers permit and report and pay the taxes due on their sales.The sale of tangible personal property in California is generally subject to tax unless the sale qualifies for a specific exemption or exclusion. gross sales and Use Tax principle 1591, Medicines and Medical Devices, explains when the sale or use of property meeting the rendering of medicine qualifies for exemption from tax. Generally, for an items sale or use to qualify for an exemption from tax under prescrip t 1591, the item must qualify as a medicine and the sale or use of the item must meet specific conditions.Regulation 1591 defines a medicine, in part, as any nucleus or preparation intended for use by external or internal application to the homosexual body in the diagnosis, cure, mitigation, treatment, or prevention of disease and which is commonly recognized as a subject matter or preparation intended for that use. A medicine is also defined as any drug or any biologic, when such are approved by the U. S. Food and Drug Administration to diagnose, cure, mitigate, treat, or prevent any disease, illness, or medical condition regardless of ultimate use.In order to be exempt, a medicine must qualify under the definition, and it must be either (1) prescribed for treatment by medical professional authorized to prescribe medicines and dispensed by a pharmacy (2) furnished by a physician to his or her own patients or (3) furnished by a licensed health facility on a physicians order. (T here are some other specific raft not addressed here such as being furnished by a state-run medical facility or a pharmaceutical company without charge for medical research. ) 16 P a g eGenerally, all of these requirements must be fulfilled in accordance with state and federal law. Regulation 1591 exempts the sale or use of medicines furnished by qualifying health care facilities. (See response to read/write head 5, above, regarding the requirements to qualify as an exempt medicine. ) State law defines a qualifying health facility as either a facility licensed under state law to provide 24-hour inpatient care or a state-licensed clinic. Not devising a profit does not relieve a seller of his or her sales tax liability.However, whether or not you make a profit, like other retailers making taxable sales, you can ask your customers to reimburse you for the sales taxes due on your sales, if you fulfill the requirements explained in Regulation 1700, Reimbursement for Sales Tax. As di scussed in the response to Question 10, the Board may enter into a payment plan with a seller when the seller has difficulty meeting its tax liabilities. The Board has an Offers in compromise Program that provides a payment alternative for individuals and businesses who have closed out their accounts.The Board will issue a sellers permit to an applicant who does not indicate the products being sold. The applicant, however, will be asked to sign a waiver acknowledging that his or her application is incomplete, which may result in the applicant not being provided with complete information regarding obligations as a holder of a sellers permit, or notified of future requirements by the Board related to the products sold. Applicants who do not wish to indicate the type of products they are selling should leave the line, What items do you sell? blank and discuss the issue with a Board deputy regarding the incomplete application. As with any other seller who has operated without a permit, or who has failed to timely file and pay the taxes due, back taxes are owed on any taxable sales made, but not reported and paid. Generally, penalty and interest will also be due. When you apply for a sellers permit and your application is tasteful, Board staff will provide sales and use tax returns from prior periods for you to report your sales of medical marijuana and any other products you may have sold, but did not report.You will need to use these returns to self-report all your sales beginning with the month you first started selling taxable 17 P a g e products. Once you have filed all your back returns, you will pose a current return for each reporting period in which you make sales. You will continue to receive a return until such time as you stop making sales and have notified the Board of the discontinuance of your business. The Board, however, may grant relief from penalty charges if it is determined that a persons adversity to file a timely return or payment was d ue to reasonable cause and constituent beyond the persons control.If a seller wishes to file for such relief, he or she must file a statement with the Board stating, under penalty of perjury, the facts that apply. Sellers may use form BOE-735, involve for Relief from Penalty, available on the Boards website. A seller who cannot pay a liability in full may be eligible for an installment payment agreement. Sellers in need of this type of plan should contact their local Board office, as eligibility is determined on a case-by-case basis.All California sellers of tangible personal property the sale of which would be subject to tax if sold at retail are required to hold sellers permits. A sellers permit should be obtained prior to making sales of tangible personal property. If you are currently making sales of medical marijuana and you do not hold a sellers permit, you should obtain one as soon as possible. Sellers have a continuing obligation to hold a sellers permit until such time th ey stop making sales of products that are subject to tax when sold at retail.Sales tax provides revenues to the states General Fund as well as to cities, counties, and other local jurisdictions where the sale was made. The tax from the sales of medical marijuana is treated the same as the tax received from the sale of all tangible personal property. Registering for a sellers permit brings sellers into accord with the Sales and Use Tax Law, but holding a sellers permit does not allow sales that are otherwise unlawful by state or federal law. The condole with Use Act of 1996 decriminalized the cultivation and use of marijuana by certain persons on the recommendation of a physician.Californias Medical Marijuana Program Act also exempted qualifying patients and primary caregivers from criminal sanctions for certain other activities involving marijuana. Apart from any provisions of state law, the sale of marijuana remains illegal under federal law. 18 P a g e 19 P a g e Chapter 9 The Medical Marijuana Program The medical marijuana program (MMP) has been established to provide a voluntary marijuana identification card issuance and registry program for individuals who qualify as patients as well as their caregivers.A web-based registry has been created which allows law enforcement and the public to verify patient or caregiver cards which give authorization to possess, grow, transport, and for the use of medical marijuana in California. In 2003, Senate Bill (SB) 420 (Chapter 875, Statutes of 2003) was passed as an extension and clarification of Proposition 215, the Compassionate Use Act of 1996. The Medical Marijuana Program, within CDPH, is administered through a patients county of residence.Upon obtaining a recommendation from their physician for use of medicinal marijuana, patients and their primary caregivers may apply for and be issued a Medical Marijuana Identification Card. Senate Bill 420 also required that the MMP be fully back up through the card applica tion processing fees. Both the state and the counties have authority to cover the costs for the program through these application fees. 20 P a g e Chapter 10 County Guidelines County guidelines have been established to outline legal amounts of medical marijuana possession in regards two personal use, patient care givers, and an growing operations.At the writing of this document, 9-7-2011, they are as follows Alameda 6 get on with plants or 12 boyish plants 8 ounces of develop Alpine 6 acquire plants or 12 unripe plants 8 ounces of develop Amador 6 spring up plants or 12 dark-green plants 8 ounces of bud Butte 6 advance plants or 12 unfledged plants one pound of processed (formerly 6 plants at any stage) Calaveras 6 raise plants or 12 im be on plants 8 ounces of bud Colusa No firm policy case-by-case review, though tentative guidelines of 6 mature plants or 12 childlike plants 8 ounces of bud or 1. lb. processed (formerly 2 plants outdoors or 4 plants indoors) Cont ra Costa 6 mature plants or 12 immature plants 8 ounces of bud Del Norte Current status remains cloudy, so fol-low the state minimum guidelines for maximum safeguard 6 mature plants or 12 immature plants 8 ounces of bud. El Dorado Outdoors 20 plants from environ 1 through July 31 10 plants through October (or end of season) 2 lbs. f bud from kinfolk 1 through February 28 and 1 lb from March 1 to August 31. Indoors 10 vegetative plants, 1 mother plant, 10 bloom plants and1 lb of bud per patient (formerly 6 plants and/or 2 pounds processed). NB Caregivers can take care of household plus three outside patients. as well as see El Dorado County DA Policy. Fresno 6 mature plants or 12 immature plants 8 ounces of bud Glenn 6 mature plants or 12 immature plants 8 ounces of bud 21 P a g eHumboldt 3 lbs of bud or equivalent 100 square feet of garden cover, no limit on plant numbers or lamp wattage. Caregiver amounts calculated per patient served. Original DA policy Up to 99 plants with up to 100 square feet of canopy and up to lb. of bud. Indoor gardens limited to 1500 watts total illumination. purplish 6 mature plants or 12 immature plants 8 ounces of bud Inyo 6 mature plants or 12 immature plants 8 ounces of bud Kern 6 mature plants or 12 immature plants 8 ounces of bud.King 6 mature plants or 12 immature plants 8 ounces of bud Lake 6 mature plants or 12 immature plants 8 ounces of bud Lassen 6 mature plants or 12 immature plants 8 ounces of bud Los Angeles 6 mature plants or 12 immature plants 8 ounces of bud Madera 6 mature plants or 12 immature plants 8 ounces of bud Marin 6 mature plants or 12 immature plants 8 ounces of bud, county ID cards now honored by all law enforcement. Mariposa 6 mature plants or 12 immature plants 8 ounces of bud Mendocino 99 plants (from 25) with permitThis Countys guidelines are covered in Hemp Publications Monograph No. Grows Merced 6 mature plants or 12 immature plants 8 ounces of bud Modoc 6 mature plants or 12 immature plants 8 ounces of bud Mono 6 mature plants or 12 immature plants 8 ounces of bud Monterey 6 mature plants or 12 immature plants 8 ounces of bud Napa 6 mature plants or 12 immature plants 8 ounces of bud 22 P a g e Nevada 6 mature plants or 12 immature plants any size or, in the alternative, 75 square feet of total canopy area up to 2 lb. of bud. Collectives must keep copies of all patients recommenda-tions available for inspection.Orange 6 mature plants or 12 immature plants 8 ounces of bud Placer 6 mature plants or 12 immature plants 8 ounces of bud Plumas 6 mature plants or 12 immature plants 8 ounces of bud Riverside 6 mature plants or 12 immature plants 8 ounces of bud Sacramento 6 mature plants or 12 immature plants 8 ounces of bud San Benito 6 mature plants or 12 immature plants 8 ounces of bud San Bernardino 6 mature plants or 12 immature plants 8 ounces of bud San Diego 6 mature plants or 12 immature plants 8 ounces of bud San Francisco Patient and caregiver ID cards is-sued by county Health Department no patient guidelines.Case by case policy is based on police claims of indicia of illegal sales or diversion to non-medical market. San Joaquin 6 mature plants or 12 immature plants 8 ounces of bud SanLuis Obispo 6 mature plants or 12 immature plants 8 ounces of bud San Mateo 6 mature plants or 12 immature plants 8 ounces of bud Santa Barbara 6 mature plants or 12 immature plants 8 ounces of bud Santa Clara 6 mature plants or 12 immature plants 8 ounces of bud Santa Cruz 3 pounds of bud or equivalent, plus 100 square feet of garden canopy, no limit on plant numbers or lamp wattage Shasta 6 mature plants or 12 immature plants 8 ounces of bud or 1. 33 lb. processed 23 P a g eSierra 6 mature plants or 12 immature plants 8 ounces of bud or any quantity approved by phy-sician Siskiyou 6 mature plants or 12 immature plants 8 ounces of bud Solano 6 mature plants or 12 immature plants 8 ounces of bud Sonoma County policy Up t o 30 plants with up to 100 square feet of garden canopy and up to 3 lb. of bud. Stanislaus 6 mature plants or 12 immature plants and 8 ounces of bud Sutter 6 mature plants or 12 immature plants 8 ounces of bud Tehama 12 seedlings or 6 flowering or mature plants, and 8 ounces dried marijuana.Indoor Cultivation 12 seedlings or 6 flowering or mature plants, and 8 ounces dried marijuana. Trinity Board of Supervisors voted to step back-ward and revert to the state minimum sceptre of 6 mature plants or 12 immature plant 8 ounces of bud. Tulare 6 mature plants or 12 immature plants 8 ounces of bud Tuolumne 6 mature plants or 12 immature plants 8 ounces of bud. Ventura 6 mature plants or 12 immature plants 8 ounces of bud or 1 lb. ry bud or conversion. Yolo 6 mature plants or 12 immature plants 8 ounces of bud Yuba Informal policy 6 mature plants or 12 im-mature plants 8 ounces of bud or 1. 5 lb. of processed marijuana. 24 P a g e Disclaimer This document has been written for and i s meant for educational purposes only. It is not in any way legally binding, or in other words, it cannot be used in a court of law as justification for any actions taken by its readers.It should be noted that speckle California does not prosecute Medical Marijuana Patients within the guidelines of SB 420, marijuana is still illegal under federal law and individuals can still be prosecuted as such. The writers of this document have provided this document for educational purposes only. We in no way advocate or take responsibility for any actions taken by its readers. 25 P a g e