Canna Express
A California Nonprofit Mutual Benefit Corporation
Medical Marijuana Collective Cultivation Agreement
Pursuant to California Health and Safety Code Section 11362.775
We, (1) ______, (2) ______,
(3) ______hereby certify that we are qualified patients suffering from serious medical conditions and have obtained recommendations or approvals from licensed physicians in the State of California to use medical cannabis (marijuana) to treat our medical conditions. Copies or our recommendations may be attached hereto.
As qualified medical marijuana patients under California law, we choose to associate collectively or cooperatively to cultivate marijuana for medical purposes. All members of our medical marijuana collective will contribute labor, funds, or materials, and will receive medicine. We form this collective in accordance with California Health and Safety Code Section 11362.775, which states:
“Qualified patients, persons with valid identifications cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Section 11375, 11358, 11359, 11360, 11366, 11366.5, or 11570.”
Sonoma County medical marijuana possession and cultivation guidelines were set in 2006 as per Sonoma County Resolution Number 06-0846. A qualified patient or a person holding a valid identification card or a designated primary caregiver or primary caregivers or qualified patients whom associate collectively or cooperatively may cultivate up to 30 marijuana plants per qualified patient within 100 square feet of growing canopy per qualified patient. A qualified patient or a person holding a valid identification card or a designated primary caregiver of a qualified patient may possess up to 3 pounds of dried marijuana. If these guidelines are not sufficient to meet a qualified patient’s needs, then a qualified patient may possess and cultivate an amount of marijuana consistent with a physician’s recommendation.
San Luis Obispo County medical marijuana possession and cultivation guidelines were set in 2003 as per California Health and Safety Code Section 11362.77. A qualified patient or primary caregiver may possess no more than 8 ounces of dried marijuana and may cultivate no more than 6 mature or 12 immature marijuana plants. If these guidelines are not sufficient to meet a qualified patient’s needs, then a qualified patient may possess and cultivate an amount of marijuana consistent with a physician’s recommendation.
On January 21, 2010, the California Supreme Court ruled that the possession and cultivation limits for medical marijuana patients are unconstitutional. A qualified patient or designated primary caregiver may possess and cultivate an amount of marijuana reasonably related to their current medical needs. People v. Kelly 2010 47 Cal. 4th 1008, 1049.
This agreement shall be in effect as of ______.
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Patient #1 Name (print clearly) Patient #2 Name (print clearly)
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Patient #1 Signature Patient #2 Signature
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Patient #3 Name (print clearly)
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Patient #3 Signature