Dave Hodges 
Member since Oct 24, 2013


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Re: “'Marijuana Control, Legalization and Revenue Act of 2014' Filed in California

Letitia,

For the record you were not "86'ed" from the SaveCannabis group. The group discussion has a set of rules, and if anyone sends an email that violates our rules, we do not post it. As far as I know you are still on the SaveCannabis list. Also the Google Doc has been open to input from anyone from day one. I am not sure why you have not participated until now, but I appreciate your interest

Regarding your questions/concerns regarding MCLR.

The language you are referring to was not an accident, and it does not have the affect you are stating. Medical Cannabis Collectives and Cooperatives will still exist and are not required to use the voluntary ID card. Only new medical cannabis businesses and collectives who wish to "convert" to a registered business will be required to use the cards.

As the operator of San Jose's 1st collective, I may have a different perspective then you. This has three very practical reasons:
#1 it creates a true standard for verifying medical patients that is currently lacking, the current paperwork has hundreds of formats
#2 it allows the state to re-coop their costs for the current website verification system which would otherwise be irrelevant, and
#3 it allows for a practical way for medical cannabis patients to get tax free cannabis at any adult use store.

If a medical cannabis patient wishes to get pot from a store without getting a state card, they can get it from any adult use club, but they will have to pay sales tax on it. Based on the definition of “Cooperative or Collective” in § 27020 and Chapter 2. Medical Marijuana. § 27040. Medical Cannabis Protections, any Medical cannabis collectives and cooperatives who wish to operate outside of the new law can use the current law to exist as is.

Nothing in this law would require anyone to get a state card, nor would it violate any other rights established in Prop 215.

The sections I would refer you to are:
27020. Definitions.
“Attorney General Guidelines” means the “Guidelines For The Security and Non-Diversion of Marijuana Grown for Medical Use,” issued by the California Attorney General in August 2008.
...
“Cooperative or Collective” means any not for profit site, facility or location where a group of qualified patients or persons with an identification card associate, meet or congregate in order to collectively or cooperatively, distribute, sell, dispense, transmit, process, deliver, exchange, or give away marijuana for medicinal purposes pursuant to Health and Safety Code section 11362.5 et seq. and the Attorney General Guidelines.

Chapter 2. Medical Marijuana.
§ 27040. Medical Cannabis Protections.
This Act shall not adversely affect the individual and group medical rights and protections afforded by Health and Safety Code Sections 11362.5 through 11362.83, except as provided in subdivisions (a) and (b).
(a) Effective July 10, 2015, the application and renewal fee established for individuals seeking to obtain or renew voluntary medical marijuana identification card, as defined in Health and Safety Code 11362.7(g), shall not exceed thirty-five dollars ($35). No California public agency shall collect information pertaining to the residency of the applicant or the designated primary caregiver of the applicant. The Department of Public Health or its successor agency shall designate a portion of the application fee sufficient to cover the expenses of the county health department or the county’s designee in processing and accepting applications pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code.
(b) A voluntary medical cannabis registry identification card or its equivalent issued by another state government to permit the medical use of cannabis by a qualifying patient or to permit a person to assist with a qualifying patient’s medical use of cannabis shall have the same force and effect as a voluntary medical marijuana identification card issued by the State of California.

Chapter 1. General.
§ 27000. Purposes.
(m) Ensure that if a medical marijuana collective, cooperative or cannabis business follows the Attorney General Guidelines, any conflict with a local zoning law shall be deemed a legal but non-conforming uses of the relevant property or properties;

Does that help clarify things for you? If you have any other concerns please let me know.

Best regards,
Dave Hodges

2 likes, 0 dislikes
Posted by Dave Hodges on 10/24/2013 at 12:17 PM

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