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What the AG Guidelines Mean for Collectives and Cooperatives

Chapter 1

Summary

California Attorney General Jerry Brown published guidelines for legally qualified patients and state law enforcement in August 2008, which give specific instruction to medical cannabis (marijuana) patients and law enforcement about how to comply with California's medical cannabis laws. While these guidelines are not binding in court, they do represent the policy of the state's highest-ranking law enforcement officer as to what rights and responsibilities medical cannabis patients have under existing state law, and what police officers should do to uphold the law.

Publication of these guidelines is a major step forward in the implementation of California law, as they acknowledge that "a properly organized and operated collective of cooperative that dispenses medical marijuana through a storefront may be lawful under California law," provided the facility substantially complies with the guidelines. The purpose of this report is to help legal medical cannabis patients and their primary caregivers who operate collectives and cooperatives understand and comply with the Attorney General's guidelines.

Background and Significance

The guidelines published by Attorney General Jerry Brown signal a turning point in the effort to implement California's medical cannabis laws and are the culmination of years of persistent and strategic work by Americans for Safe Access (ASA). With these guidelines, California's highest ranking law enforcement official joins state voters, law makers, and courts in affirming the legality of medical cannabis - regardless of what federal law says.

Voters approved Proposition 215 in 1996, calling on state and federal officials to implement a plan for safe access to medical cannabis. They also asked the Attorney General to adopt guidelines like these to ensure safety and prevent abuse. Implementing our laws has been a sometimes-arduous process, with milestones like the adoption of Senate Bill 420 by the state legislature in 2003 and a landmark court victory for ASA against the California Highway Patrol in 2005. Since then, ASA has helped cities and counties all over the state adopt a patchwork of local regulations for patients' associations, facilitating the expansion of safe access throughout the state.

Despite our successes, progress on full implementation of California law has been stymied by the persistent misperception that federal law supercedes state law. The US Supreme Court ruled in Gonzales v. Raich (2005) that the federal government could enforce laws against medical cannabis in California, but declined to overturn Proposition 215 and questioned the very wisdom of federal interference in the state. Nevertheless, California law enforcement and some cities and counties continue to use federal law as an excuse to resist implementing our voter approved medical cannabis law.

In 2007, ASA won a major victory, when the California Fourth District Court of Appeals ruled in Garden Grove v. Superior Court that federal law does not preempt state law and that local law enforcement has an obligation to uphold state law. Specifically, law enforcement cannot use federal law as an excuse for not returning wrongfully confiscated medicine. This year, the state appellate court ruled in County of San Diego v. San Diego NORML that counties must move forward with the medical cannabis ID card program created under Senate Bill 420, again rejecting the argument that federal law trumps state law. With law enforcement and elected officials on notice that our state law must be upheld, the Attorney General's guidelines finally point the way to full implementation.

Staff at the Attorney General's office asked ASA to help develop and refine these guidelines. Their publication represents a major victory in our California Campaign and a quantum leap in defending and expanding patients' rights. Much of what the Attorney General published closely follows existing state law and its interpretation is clear, and the implications for qualified patients are discussed briefly below.

There is still unfinished work to be done in harmonizing federal law with California's medical cannabis laws. ASA opened the first office in Washington, DC, dedicated exclusively to medical cannabis advocacy in 2006. Our staff is working on Capitol Hill and within the Administration to improve the federal government's understanding about the therapeutic uses of cannabis and the immediate and long-term needs of our members. Having unanimous support for medical cannabis from voters, lawmakers, state courts, and the Attorney General in California makes a tremendous difference in that ongoing work.

Information for Patients

This report primarily concerns the significance of the Attorney General's guidelines for medical cannabis collectives and cooperatives. However, the guidelines also discuss patients' rights and responsibilities under the law. In the guidelines, the Attorney General instructs law enforcement not to arrest or seize the medicine of patients who possess less than eight ounces of cannabis and six mature or twelve immature cannabis plants, and who present a valid doctor's recommendation or state-authorized medical cannabis ID card. The Attorney General also requires police officers to return cannabis that was improperly seized. In addition, the guidelines place no limit on the number of collectives to which a legal patient or caregiver may belong.

Although the guidelines are not legally binding on state police, they do represent the legal opinion of the state's highest ranking law enforcement official and should give instruction to police officers statewide as to the status of the law. Patients and primary caregivers who need additional information about the Attorney General's guidelines, or have had medicine or plants wrongfully confiscated in California should contact ASA at www.AmericansForSafeAccess.org/LegalSupport or call our toll free Patient Hotline at (888) 929-4367 to report the incident.

What Is a Medical Cannabis Collective or Cooperative?

California Health and Safety Code Section 11362.775 allows qualified patients and their primary caregivers to associate together collectively and cooperatively to grow medicine for the patient-members' personal medical use. In its simplest form, a medical cannabis collective or cooperative is a member owned or operated garden where two or more patients and their caregivers, where applicable, grow medicine together. However, the large majority of medical cannabis patients can not cultivate their medicine, alone or in an association, nor do they have a caregiver who can grow it for them.

Most of California's legal patients obtain their medicine from a storefront facility operated by a medical cannabis collective or cooperative, sometimes referred to as a "dispensary" or "cannabis club." The medicine provided by a dispensing collective or cooperative is cultivated by members of the association, sometimes in a central location and, more commonly, in numerous smaller gardens operated by individual members at locations other than the storefront. The association receives medicine from the members who grow it, and provides medicine to members in need. Thus, the collective or cooperative operates as a closed circuit, isolated from the illicit market in cannabis. There are hundreds of these associations operating storefront facilities in California as of August 2008. An increasing number of facilities offer additional services for their patient membership, including such services as: massage, acupuncture, legal trainings, free meals, or counseling.

The legal status of medical cannabis collectives and cooperatives is evolving in step with California law, and the Attorney General's guidelines are an important part of this process. Cities and counties have adopted a patchwork of ordinances regulating facilities, and statewide regulation may be in the future. In the meantime, collective and cooperative operators must be diligent about staying informed and in compliance with changing laws and local regulations. Call ASA toll free at (888) 929-4367 to find out if there is a local alliance of medical cannabis collectives and cooperatives in your community that can help you stay current, or to find out why and how to form one.

About Americans for Safe Access (ASA)

ASA is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic uses and research. ASA works in partnership with state, local and national legislators to overcome barriers and create policies that improve access to cannabis for patients and researchers. We have more than 40,000 active members with chapters and affiliates in more than forty states.

ASA provides legal training for and medical information to patients, attorneys, health and medical professionals and policymakers throughout the United States. We also organize media support for court cases, rapid response to law enforcement raids, and capacity-building for advocates. Our successful lobbying, media and legal campaigns have resulted in important court precedents, new sentencing standards, and more compassionate community guidelines. You can read more about ASA campaigns, projects and programs online at www.AmericansForSafeAccess.org/WhatWeDo or by calling our toll free Patient Hotline at (888) 929-4367.

Chapter 2

This chapter deals in detail with the Attorney General's guidelines for the formation and operation of a medial cannabis collective or cooperative. Some of what you read here may be modified by litigation or updated with feedback from professionals in the medical cannabis field. Please email info@AmericansForSafeAccess.org or call toll free (888) 929-4367 for updates or with input.

ASA strongly recommends that patients and caregivers consult with a qualified and experienced attorney and accounting professional before opening a medical cannabis collective or cooperative.

Business Forms

It is unclear whether or not lawmakers intended to specify a formal structure for a patients' group when they adopted California Health and Safety Code 11362.775 authorizing patients and caregivers to "associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes." The guidelines, however, recognize two organizational structures for patients' associations that are legally growing or distributing medicine: collective and cooperative.

A cooperative can refer to a grower cooperative or a consumer cooperative as described and organized under California Corporations Code Sections 12201 and 12300. These types of cooperatives are statutory entities, which must be duly incorporated as cooperatives and follow strict operational rules. These operational rules include, in part, electing a Board of Directors and reporting financial contributions from members. Patients and caregivers who wish to form a statutory grower or consumer cooperative should consult with a qualified and experienced attorney to be sure they organize and operate under the law.

A collective is the more typical type of patients' association recognized under the guidelines. The term "collective" is not defined under state law, and can refer to any membership-based association, regardless of its formal organization. The Attorney General describes a medical cannabis collective as "an organization that merely facilitates the collaborative efforts of patient and caregiver members - including the allocation of costs and revenues." Because the term collective does not imply a specific legal structure, the guidelines state that "as a practical matter [the collective] might have to organize as some form of business to carry out its activities." [italics added]

The definition of a collective in the guidelines leaves broad organizational latitude as to the legal entity that will carry out the activities of the patient and caregiver collective. Operators can use any common business form, including a sole proprietorship, corporation, partnership, limited liability company, or nonprofit corporation. It is important that the collective operators follow all the usual procedures for establishing and operating whatever business form they choose. It is prudent to consult with an attorney and accountant before establishing a business to carry out the activities of the collective, and to maintain a working relationship with both to ensure legal operation on an ongoing basis.

Non-profit Operation

California Health and Safety Code Section 11362.765(a) says that nothing in the law authorizes the cultivation of medical cannabis for profit. The Attorney General's guidelines are very brief on this topic, stating "Nothing in Proposition 215 or [Senate Bill 420] authorizes collectives, cooperatives, or individuals to profit from the sale or distribution of marijuana." There is no reason to assume that this brief passage from the guidelines mandates the establishment of a statutory nonprofit corporation as described in California Corporations Code Section 5000, et seq. However, operators may chose to organize a medical cannabis collective as a California nonprofit corporation, as discussed in greater detail below.

Regardless of the organizational structure, a medical cannabis collective should operate in a "not-for-profit" manner to comply with the Attorney General's guidelines. Not-for-profit operation describes the behavior of a business or association that is not operated for a commercial purpose, or to generate profits for its owners. Any business, regardless of its formal structure, can operate in a not-for-profit fashion by reinvesting excess revenue (after salaries and other overhead) in services for members, advocacy for patients' rights, or other noncommercial activity.

Operating in a not-for-profit manner does not mean that patients and caregivers who own or operate a collective can not be paid a reasonable wage for their services. Patients operating not-for-profit collectives should be aware, however, that the perception of excessive profits is what motivates this provision of the guidelines. Paying reasonable salaries is acceptable, but other indicia of excessive profits should be avoided - bonuses, dividends, conspicuous spending, etc.

The term not-for-profit is sometimes confused with the term nonprofit. A nonprofit corporation is a specific statutory entity organized under California Corporation Code Section 5000, et seq., to carry on a non-commercial activity. Nonprofit corporations include churches, schools, some hospitals, social clubs, and service organizations. The principal differences between a nonprofit corporation and a for-profit business for these purposes are that (1) a nonprofit has no owners or shareholders, only an elected Board of Directors (can be self-electing); and (2) the proceeds of a nonprofit (not including salaries paid) may never inure to the benefit of any private party.

Some nonprofits are exempt from federal and state taxes because they do educational, religious, or charitable work. The Internal Revenue Service will not recognize providing medical cannabis as a tax-exempt activity, and state tax-exemption is contingent on federal approval. Therefore, a medical cannabis collective organized as a nonprofit corporation will report and pay tax like a traditional C-Corporation. It is important to remember, however, that a corporation is still a legitimate nonprofit organization under California law, even without tax-exempt status.

Many collective operators choose to incorporate their collectives as California Nonprofit Mutual Benefit Corporations, as described under California Corporations Code 7110, et seq. Doing so gives the collective a bona fide nonprofit identity, something that resonates with elected officials, law enforcement, media, and neighbors. This is a sensible choice for most operators, and increasingly the norm for new facilities. Creating and operating a nonprofit corporation is more difficult than doing so with a commercial business model, and may present special issues around taxation and transfers in ownership. Operators should seek the advice of a qualified business attorney with experience in nonprofit law.

Business Licenses, Sales Tax, and Seller's Permits

Medical cannabis collectives and cooperatives should obtain all necessary licenses and permits, and pay all taxes due. Licensing and permitting rules vary from one jurisdiction to another. It is the collective operator's responsibility to know what local licenses or permits are needed for a storefront facility that provides medicine to members. ASA strongly recommends working with a qualified and experienced land use attorney if there is any uncertainty in a given city or county.

Over the objection of ASA, the California Board of Equalization (BOE) has determined that medical cannabis transactions are subject to sales tax. Every collective or cooperative should complete Form BOE-400-SPA to apply for a California Seller's Permit, and collect and pay sales tax as required by state law. You can download a copy of Form BOE-400-SPA online at www.boe.ca.gov or visit a BOE field office near you. Medical cannabis collectives and cooperatives may obtain a "Waiver for Incomplete Application" from a BOE field office if they do not wish to disclose what product is sold or the identities of the member-cultivators from whom they obtain medication.

The BOE is aggressively enforcing this policy, and the consequences for failing to pay can be severe for patient-operators. ASA strongly advises that operators seek the assistance of a qualified professional if they are unclear on how to comply with sales tax requirements or receive a notice from the BOE.

Membership Application and Verification

A medical cannabis dispensing collective or cooperative is a membership-based organization. Associations can not make a credible claim to be a collective or cooperative if they do not have a process through which patients and caregivers' legal status is verified and recorded. Best practices dictates that the collective will review an original copy of the doctor's letter of recommendation, verify the letter with the doctor or staff, and check with the medical board to be sure the doctor is duly licensed to practice medicine in California. Most verification of patients and doctors can be completed on the telephone and online, so there is no reason that a patient can not be verified before joining an association and receiving services. There are a variety of online verification options for collectives and cooperatives, which are particularly useful on weekend or in the evening when doctor's offices are closed.

The guidelines require collectives and cooperatives to maintain membership records that are reasonably available, but not necessarily on site. Digital records used on site can be secured using a variety of safety options, including encryption. Paper records not needed for daily operation can be stored off-site, perhaps with an attorney, and only made available to law enforcement following due process of law (typically a subpoena or search warrant) or after consultation with the collective's attorney.

The membership forms used to enroll new members should include a signed statement in which the member agrees not to redistribute medicine to anyone else or use the medicine for any non-medical purpose. The collective must use due-diligence in tracking expiration dates and in enforcing the rules of the facility. For a detailed explanation of best practices in registering new members and keeping records, see "Chapter 10. Registering Members" in the Appendix.

Collectives Should Acquire, Possess, and Distribute Only Lawfully Cultivated Cannabis

Medical cannabis collectives and cooperatives may only acquire medicine from their registered members, and provide it to other registered members for their personal medical use. Additionally, the Attorney General's guidelines anticipate that medicine destined for a collective will be transported by a registered member of that collective. These restrictions are designed to create a closed circuit of medicine inside the collective's membership, which is completely isolated from the illicit market. The guidelines do not authorize medical cannabis brokers or middlemen to buy commercial quantities of cannabis on the illicit market and then provide it wholesale to collectives. The guidelines also do not authorize collectives to provide medicine to members for the purpose of reselling it or to distribute it to other collectives.

The guidelines recommend that collectives and cooperatives keep records of transactions when they acquire or provide medicine. This may give some operators pause, as these records could be used as evidence in a federal case. However, a savvy operator can keep detailed operational records, which are necessary for business operation and tax purposes already, without incriminating anyone. Incoming and outgoing transactions can be recorded using a unique transaction or purchase order number that simply specifies that the transaction involved a duly registered member. Virtually every commercial point-of-sale system generates unique transaction and purchase order numbers. Smaller facilities can accomplish the same goal using off-the-shelf business forms available at any office supply store.

It is important to remember that transaction records and other financial documents need not be stored on-site, where they are subject to confiscation in a law enforcement raid. The records should be made available to law enforcement only following due process of law (typically a subpoena or search warrant) or after consultation with the collective's attorney.

Distribution and Sales to Non-members Prohibited

It should go without saying that collectives must take adequate steps to prevent medication from being diverted to non-medical use. Patient-operators must only provide medicine to registered members whose legal status has been verified, and diligently enforce non-diversion polices at their facilities. There is no gray zone on this issue. Medical cannabis provided at collectives and cooperatives must stay within the registered membership of that association and be used for the member's personal medical need.

It is the responsibility of the collective or cooperative operator to ensure that staff is trained to spot signs of diversion of medicine and respond to abuses. Signs of diversion might include, but are not limited to, frequent visits to the facility, acquiring relatively large quantities of medicine, comments indicating that medicine is intended for someone else, etc. Operators must take steps to correct suspicious behavior or exclude patients or caregivers from membership if they violate the facility rules.

Permissible Reimbursements and Allocations

The Attorney General's guidelines authorize collectives and cooperatives to be reimbursed for medication in four ways: (1) medication can be given to members for free, (2) members can trade labor for medication, (3) members can pay the collective a reasonable reimbursement to cover cost of the medicine and overhead, or (4) the member and facility can arrange any combination of the other three options. Which one or what combination of reimbursement options a collective uses is at the discretion of the operator, and no collective is obligated to distribute medicine for free or exchange labor for medicine under these guidelines. Collectives and cooperatives must collect and pay sales tax on any money received in exchange for medicine. ASA advises collective operators to consult with a qualified tax-attorney if you intend to exchange labor for medicine to avoid in unintended tax liabilities.

Possession and Cultivation Guidelines

The Attorney General's guidelines recognize that collectives and cooperatives can possess an aggregate quantity of medicine or cannabis plants to supply their members, based on the bar-to-arrest thresholds established under California Health and Safety Code Section 11362.77(a). Under that chapter, individual patients can possess up to eight ounces of dried cannabis (or the conversion thereof), and six mature plants or twelve immature plants. Therefore, a collective or cooperative could possess an amount of cannabis equal to the number of registered members multiplied by eight ounces. The same aggregate principal applies to cannabis plants.

Using aggregate possession limits to establish the maximum possession for medicine or plants may mean that a collective or cooperative could possess a substantial amount of either at any one time. Operators should remember that large amounts of medicine and large numbers of plants may be a security risk, or lead state law enforcement to misunderstand the nature of the facility (see "Enforcement Guidelines below). Furthermore, all possession and cultivation of cannabis remains illegal under federal law, and stiff mandatory minimum sentences and sentencing guidelines may apply if you are charged with possession or cultivation under federal law, where a defense under state medical cannabis law is unavailable. To avoid the most severe federal sentencing guidelines, collectives and patient-members should not cultivate more than 100 pants at any one location, or possess more than 100 kilograms of cannabis at one time.

Recent court decisions have called into question the bar-to-arrest thresholds established in Senate Bill 420, because courts and law enforcement have traditionally treated these thresholds as de facto possession and cultivation limits for patients. At this time, it is possible that the thresholds established by California Health and Safety Code Sections 11362.77(a) will be overturned as an unconstitutional amendment to a voter initiative. However, the final disposition of People v. Kelly (2008) and other similar cases in the state Courts of Appeal is far from clear at this time. What this means for aggregate possession limits at collectives is still uncertain.

Collectives, cooperatives, or individual patients who grow or transport medicine should have documentation establishing for how many patients they are doing so. This documentation does not necessarily have to be on-site or in possession of the transporter. The records should be made available to law enforcement only following due process of law (typically a subpoena or search warrant) or after consultation with the collective's attorney. A member detained or arrested while transporting medicine should refuse consent to a search, and assert his or her right to remain silent and speak with an attorney.

Security

The Attorney General's guidelines require collectives and cooperatives to maintain adequate security to protect patients and the community. Safety for patients and the community must be a top priority at these facilities, so a compliant association will adopt a security culture to ensure safety. Security culture refers to a set of practices and strategies that work together to maintain safety. Security culture may involve the following elements:

Employing professional, trained security personnel
Staying alert to detect problems before they occur
Educating patients to be sure they know the rules
Implementing policies to prevent diversion
Restricting access to the facility to authorized persons
Using appropriate security technology and equipment to monitor and secure the facility during hours of operation and overnight
Maintaining communication with local law enforcement
Training staff to prevent and respond to emergencies
Educating staff and members as to their rights and responsibilities under the law

Some of the ASA Services for Collectives described in the Appendix may be useful in security culture training for staff at collectives and cooperatives.

Enforcement Guidelines: Storefront Dispensaries

One of the most important aspects of the Attorney General's guidelines for medical cannabis is that they specifically recognize that patient collectives and cooperatives authorized under state law can maintain storefronts to provide medicine to their members. The guidelines state: "It is the opinion of this Office that a properly organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful under California law" provided that the association substantially complies with the guidelines.

The recognition that storefront collectives and cooperatives can be legal is a watershed moment for California. By adhering to some basic operational guidelines, patients' associations can demonstrate compliance with the Attorney General's interpretation of the law, an important cue for local law enforcement and local government. This is a huge victory for patients and providers, but is also a boon for state law enforcement officers, who have been challenged in dealing with the relatively rare instances of abuse surrounding medical cannabis facilities. Giving local law enforcement clarity of what is legal and empowering them to address illegal activity may ultimately serve to reduce instances of local cooperation and instigation of federal raids in California.

The Attorney General specifies that collectives operating outside the guidelines may be subject to arrest and criminal prosecution. Specifically, the guidelines cite the example of an organization that merely has the client designate the business or operator as a primary caregiver before selling cannabis, without abiding by the letter of the law reflected in the guidelines. The Attorney General did not intend that these guidelines be used as a cue for a crackdown on lawful collectives, but those who operate outside the provision of the guidelines risk legal consequences.

Enforcement Guidelines: Indicia of Unlawful Operation

The guidelines spell out certain criteria law enforcement might consider when deciding if a collective or cooperative is legal under state law. Operators should make it a priority to avoid all indicia of unlawful operation, especially those listed in the guidelines:

Possession of excessive amounts of medicine, plants, or cash. What constitutes excessive is unclear under current case law. Operators are advised to keep fewer than 100 plants and an amount of cannabis necessary to serve patients in a single day whenever possible.
Violating local and state laws, including licensing and permitting ordinances and applicable tax laws. Operators should consult with an accountant as to their liabilities under state and federal tax law. Be especially careful to display a valid California Seller's Permit, and to collect and pay sales tax.
The presence of any weapons or illegal drugs. Operators and staff should never possess weapons or illegal drugs at the facility. Doing so may result in a sentence enhancement or additional charges being filed in a criminal case. Furthermore, weapons and illegal drugs create a significant public relations problem for the collective and the grassroots campaign for medical cannabis rights. The legal issues surround contracted security personnel carrying weapons at a facility have not been explored in court. Operators should follow local ordinances, where applicable. In general, armed guards are undesirable at medical cannabis facilities.
Acquiring or providing medicine to anyone who is not a duly registered member. Operators and staff must not acquire medicine or provide medicine outside of the duly registered membership or the collective or cooperative. Doing so violates state law and makes the association vulnerable to local police raids.
Any inter-state activity acquisition of distribution of medicine. All medicine acquired and provided at a medical cannabis collective or cooperative should be grown by registered members who are legally entitled to do so inside the state of California. No medicine can come from outside California, and it is never legal to distribute medicine outside of the state.

Operators should be aware that other factors can influence a police officer's evaluation of an association, and subjective interpretation may still lead to inappropriate law enforcement activity. ASA strongly recommends that operators, staff, and patients at collectives and cooperatives know and assert their constitutional rights when dealing with law enforcement. You can read more about your constitutional rights to refuse an unlawful search, to remain silent when questioned, or to have an attorney present during questioning at www.AmericansForSafeAccess.org/KnowYourRights There is a list of services ASA offers to medical cannabis patients, collectives, and cooperatives, including "Know Your Rights" and "Raid Training," in the Appendix.

ASA also asks operators, staff, and collective members to report law enforcement encounters online at www.AmericansForSafeAccess.org/LegalSupport or by calling our toll free Patient Hotline at (888) 929-4367.

Chapter 3

Where To Get Help

Most of California's medical cannabis collectives and cooperatives will find it easy to comply with the Attorney General's guidelines. However, some facilities may need assistance of further guidance than what is provided in this report. It is very important that operators get professional advice from an experienced business attorney and an accountant about the complicated legal issues surrounding collectives and cooperatives.

ASA is always available to answer questions for patients and primary caregivers who are trying to operate medical cannabis collectives and cooperatives in an ethical and compassionate manner. You can find a wealth of information on our Internet web site at www.AmericansForSafeAccess.org Use the search box or the URL's below to find documents of particular interest to operators. Email info@AmericansForSafeAccess.org or call toll free (888) 929-4367 if you need help locating any of the documents of have other questions.

Background and information about the Attorney General's Guidelines

Report: Medical Cannabis Dispensing Collectives and Local Regulation

Legal Information about Medical Cannabis

Free Legal Support Services

Free California Legal Manual

Know Your Rights Information

Protect Dispensing Collectives and Cooperatives

ASA Emergency Response to DEA Raids at Collectives and Cooperatives

ASA Campaigns, Projects, and Programs

Join ASA

You may also wan to check with the ASA office to find out if there is a local alliance of collectives and cooperatives in your community. ASA helped seed these autonomous local alliances in cities all over California hopes of promoting communication between facilities and encouraging the development of community-based safety and operational standards. Call our office at (888) 929-4367 to find out if you have a local alliance, or to get information about starting one in your community.

What You Can Do To Protect Your Collective and Cooperative

The most obvious thing you can do to protect your collective or cooperative is to closely abide by the provisions of California law represented in the Attorney General's guidelines. Doing so may help you avoid legal pitfalls ranging from unlawful diversion of medicine to unexpected tax liabilities. Better still, obeying the guidelines can help build credibility and rapport with local law enforcement and elected officials. Because entanglements with local police and government can lead to federal interference, this may help you avoid a federal raid, too.

The Attorney General's guidelines represent the culmination of a lot of hard work by ASA staff and our allies to fully implement California law. ASA is still working hard to protect and expand patients' rights, using litigation, legislation, and public education. We are also blazing new trails in Washington, DC, where we are the only organization in our nation's Capitol working exclusively to advance safe and legal access to cannabis for therapeutic use and research. Doors are opening to us there, and we are confident we will succeed in harmonizing federal law with the laws of California and the other eleven states that allow medical cannabis.

Perhaps one of the most important things you can do today to protect safe access to medical cannabis in your community is to join ASA and make a one-time or monthly donation to support our work. We are making progress implementing state law and changing federal policy, but we need your help to keeping fighting. Please visit www.AmericansForSafeAccess.org/Join or call us on our toll free Patient Hotline at (888) 929-4367 today.