San Diego Dispensaries and Cooperatives

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Where To Find Cooperatives and Dispensaries

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Ca Norml
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 What are Dispensaries and Cooperatives?  From the Ca NORML site;

COLLECTIVES AND COOPERATIVES

State law explicitly allows distribution of medical marijuana through non-profit "collectives" or "cooperatives." This is the way storefront dispensaries should be organized. While some dispensaries are currently organized otherwise, as sole proprietorships, partnerships, or for-profit businesses, such arrangements are not advisable, since they are not permitted under SB 420 or the Attorney General's guidelines.

Cooperatives" are explicitly defined in California law. Cooperatives must file articles of incorporation with the state and be organized in accordance with provisions spelled out in the state Corporations or Food and Agriculture code. Prospective cooperatives should be set up in consultation with a business attorney.

"Collectives" are not defined in statutory law. According to the Attorney General's guidelines :

"A collective should be an organization that merely facilitates the collaborative efforts of patient and caregiver members – including the allocation of costs and revenues. As such, a collective is not a statutory entity, but as a practical matter it might have to organize as some form of business to carry out its activities. The collective should not purchase marijuana from, or sell to, non-members; instead, it should only provide a means for facilitating or coordinating transactions between members."<

One might infer that "collective" refers to any organization of multiple patients. Unfortunately, the guidelines provide no explanation as to how these should operate. Presumably, the basic model is a group of patients and caregivers who plant a garden together and share the crop among themselves. The cultivation collective model does not necessarily envision walk-in clients, nor retail sales of medicine to members. Collectives may be supported by participation in work, donations or membership fees. Under one model, patients pay a set gardening fee for a certain part of the crop, and receive the harvest at no further charge.<

A notable example of a patients' collective is the Wo/Men's Alliance for Medical Marijuanain Santa Cruz.  WAMM has 200 seriously  ill members  who cultivate a collective garden and attend to each others' health and personal needs.  

Two examples of patients' providers officially structured as cooperative corporations under California law were the Oakland Cannabis Buyers' Cooperative and Los Angeles Cannabis Research Center. Both might have been legal under SB 420, but they were shut down by the federal government.

The legality of collectives and cooperatives under state law was upheld by the Third District Court of Appeals in the 2005 Urziceanu decision. The Court ruled that while Prop. 215 did not authorize distribution by anyone except primary caregivers, SB 420 allowed for distribution among patients and caregivers through collectives and cooperatives.

You may always call Medimar 877-627-1644, for assistance. By Law we are prohibited from favoring any particular business.