Membership Agreement

Central Valley Caregivers
Membership Agreement

You must download and print out a copy in order to become a member of Central Valley Caregivers.

Please read it thoroughly and completely. You must initial on all pages where indicated, then sign and date the last two pages.

IMPORTANT: Before you are able receive home delivery of medical marijuana, you must hand over your signed Membership Agreement to our driver representative upon your first delivery. Thank you.

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Central Valley Caregivers,

Membership Agreement

As a qualified patient protected by California Law, Health and Safety Code §11362.5 and §11362. 7, et. seq., and, in corifunction with California Senate Bill 420, the case ofPeople v. Urziceanu [132 Cal.App.4th 747J, and with the August 2008 Guidelines for the Security and Non-Diversion ofMarijuana Grown for Medical Use by California Attorney General Edmund G. Brown Jr., you are required to read and agree to the following statements to become a member ofCentral Valley Caregivers,

Please understand that these are for your protection as well as ours. Please read the following statements and initial that you have read each where provided. Please sign the last page ofthis Agreement confirming that you have read each ofthe statements and understand them.

  1. I hereby declare that I am a qualified medical marijuana patient, or primary caregiver, under California Health and Safety Code §§ 1l362.5, 1l362.7, et. seq;, and my doctor has recommended and/or approved my use ofmedical marijuana.

  2. I understand that Central Valley Caregivers, is a lawful, private, members-only Medical Marijuana collective under California law. This Collective complies with California Health and Safety Code §11362.775 which states that medical marijuana patients and their primary caregivers may "associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes." It is my intent to join Central Valley Caregivers,

  3. I also understand that Central Valley Caregivers, complies with the standards set forth in the August 200S "Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use" by California Attorney General Edmund G. Brown Jr. (hereinafter referred to as Guidelines), which states:

    • A. Collectives: California law does not defme collectives, but the dictionary defines them as "a business, farm, etc., jointly owned and operated by the members ofa group." (Random House Unabridged dictionary; Random House, © 2006.) Applying this definition, a collective should be an organization that merely facilitates the collaborative efforts ofpatient and caregiver members -including the allocation ofcosts and revenues. As such, a collective is not a statutory entity, but as a practical matter it might have to organize as some sort ofbusiness 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. (Guidelines, section IV.A.2., p.S.) Central Valley Caregivers, abides by this definition.

    • B. Guidelines for the Lawful Operation of a Cooperative or Collective: Collectives and Cooperatives should be organized with sufficient structure to ensure security, non-diversion ofmarijuana to illicit markets, and compliance with all state and local laws. The following are some suggested guidelines and practices for operating collective growing operations to help ensure lawful operation. (Guidelines, section IV.B., p.9.) Central Valley Caregivers, abides by these guidelines.

    • C. Non-Profit Operation: Nothing in Proposition 215 or the MMP authorizes collectives, cooperatives, or individuals to profit from the sale or distribution ofmarijuana. (See, e.g., § I 1362.765(a) ["nothing in this section shall authorize ... any individual or group to cultivate or distribute marijuana for profit"]. (Guidelines, section IV.B.I., p.9.) Central Valley Caregivers. operates in a non-profit manner. Any money received from our members is used to cover the overhead ofour organization. which includes but is not limited to rent, salaries, growing costs, legal fees, etc. Any excess money received beyond the cost ofoverhead is put back into the organization, and used to further the goals ofthe organization. These goals include community service, patient advocacy, and educating the public regarding the medical use ofcannabis.

    • D. Business Licenses, Sales Tax, and Seller's Permits: The State Board of Equalization has determined that medical marijuana transactions are subject to sales tax, regardless ofwhether the individual or group makes a profit, and those engaging in transactions involving medical marijuana must obtain a Seller's Permit. Some cities and counties also require dispensing collectives and cooperatives to obtain business licenses. (Guidelines, section IV.B.2., p.9.) I understand that Central Valley Caregivers, has obtained the necessary Seller's Permit, and pays sales tax to the State ofCalifornia on all medical marijuana transactions.

    • E. Membership Application and Verification: When a patient or primary caregiver wishes to join a collective or cooperative, the group can help prevent the diversion ofmarijuana for non-medical use by having potential members complete a written membership application. The following application guidelines should be followed to help ensure that marijuana grown for medical use is not diverted to illicit markets. (Guidelines, section IV.B.3., p.9.) The agreement I am presently reading is the agreement drafted by Central Valley Caregivers, which is in full compliance with the California Attorney General Guidelines ofAugust 2008. The following sections are from the Guidelines.

      • I. I hereby declare under penalty ofperjury that I am a qualified patient and/or a primary caregiver ofa qualified patient, and that a doctor has recommended or approved my use ofmedical cannabis, or ifI am a primary caregiver the use ofmedical cannabis by my qualified patient. I understand that Central Valley Caregivers, will contact my recommending or approving physician to verify the status ofmy recommendation or approval. IfI am a primary caregiver, Central Valley Caregivers, will contact my patient, and my patient's doctor, to verify their status as a qualified medical marijuana patient. (See Guidelines, section IV.B.3.a., p.9.)
      • II. I agree not to distribute marijuana to non-members. (See Guidelines, section IV.B.3.b., p.9.)
      • III. I agree that I will only use marijuana for medical purposes. (See Guidelines, section IV.B.3.c., p.9.)
      • IV. I acknowledge that Central Valley Caregivers, will maintain membership records on site or have them reasonably available. (See Guidelines, section IV .B.3.d., p.9.)
      • V. I agree to maintain a valid recommendation or approval throughout my membership in Central Valley Caregivers, . I will renew my recommendation or approval before the expiration date. Iffor some reason I am unable to renew my recommendation or approval before the expiration date, I will informationrm Central Valley Caregivers, ofthat fact before my recommendation or approval expires. (See Guidelines section IV.B.3.e., p.9.)
      • VI. I understand that Central Valley Caregivers, will enforce conditions ofmembership by excluding members whose physician recommendations or approvals have expired, or who are caught diverting marijuana for non-medical purposes, or who fail to comply with all ofthe provisions ofthis membership agreement. (See Guidelines sections IV.B.3.f., p.9.)

    • F. Collectives Should Acquire, Possess, and Distribute Only Lawfully Cultivated Marijuana: Collectives and Cooperatives should acquire marijuana only from their constituent members, because only marijuana grown by a qualified patient or his or her primary caregiver may be lawfully transported by, or distributed to, other members ofa collective or cooperative. (§§11362.765, 11362.775.) The collective or cooperative may then allocate it to other members ofthe group. Nothing allows marijuana to be purchased from outside the collective or cooperative for distribution to its members. Instead, the cycle should be a closed-circuit of marijuana cultivation and consumption with no purchases or sales to or from non-members. To help prevent diversion ofmedical marijuana to non-medical markets, collectives and cooperatives should document each member's contribution of labor, resources, or money to the enterprise. They should also track and record the source oftheir marijuana. (Guidelines N.BA., p.10.) Central Valley Caregivers, acquires and distributes only lawfully cultivated marijuana. I understand that this . organization is in full compliance with the above statement.

    • G. Distribution and Sales to Non-Members are Prohibited: State law allows primary caregivers to be reimbursed for certain services (including marijuana cultivation), but nothing allows individuals or groups to sell or distribute marijuana to non-members. Accordingly, a collective or cooperative may not distribute medical marijuana to any person who is not a member in good standing ofthe organization. A dispensing collective or cooperative may credit its members for marijuana they provide to the collective, which it may then allocate to other members. (§11362.765(c).) Members also may reimburse the collective or cooperative for marijuana that has been allocated to them. Any monetary reimbursement that members provide to the collective or cooperative should only be an amount necessary to cover overhead costs and operating expenses. (Guidelines N.B.5., p.10.) I understand that Central Valley Caregivers, strictly prohibits the sale ofmedical marijuana to non-members, and strictly adheres to the principals stated above.

    • H. Permissible Reimbursements and Allocations: Marijuana grown at a collective or cooperative for medical purposes may be:

      • I. Provided free to qualified patients and primary caregivers who are members of the collective or cooperative;
      • II. Provided in exchange for services rendered to the entity;
      • III. Allocated based on fees that are reasonably calculated to cover overhead costs and operating expenses; or
      • IV. Any combination ofthe above. (Guidelines IV.B.6., p.10.) I understand that as a member of Central Valley Caregivers, I will be in one ofthe above relationships with the organization.

    • I. Possession and Cultivation Guidelines: If a person is acting as a primary caregiver to more than one patient under section I 1362.7(d)(2), he or she may aggregate the possession and cultivation limits for each patient. For example, applying the MMP's basic possession guidelines, ifa caregiver is responsible for three patients, he or she may possess up to 24 oz. ofmarijuana (S oz. per patient) and may grow IS mature or 36 immature plants. Similarly, collectives and cooperatives may cultivate and transport marijuana in aggregate amounts tied to its membership numbers. Any patient or primary caregiver exceeding individual possession guidelines should have supporting records readily available when:

      • I. Operating a location for cultivation;
      • II. Transporting the group's medical marijuana; and
      • III. Operating a location for distribution to members ofthe collective or cooperative. (Guidelines IV.B.7., p.IO.) Central Valley Caregivers, strictly follows the above guidelines when cultivating, transporting, or operating a location for distribution to members. I agree that ifI am involved in any ofthe above three aspects 9f our organization, I will follow these guidelines.

    • J. Security: Collectives and Cooperatives should provide adequate security to ensure that patients are safe and that the surrounding homes or businesses are not negatively impacted by nuisance activity such as loitering or crime. Further, to maintain security, prevent fraud, and deter robberies, collectives and cooperatives should keep accurate records and follow accepted cash handling practices, including regular bank runs and cash drops, and maintain a general ledger ofcash transactions. (Guidelines IV.B.S., p.ll.) Central Valley Caregivers, will take reasonable and practical measures ofsecurity, and follow accepted cash handling practices. I agree that I will not loiter around the premises, use my medication around the premises, or create any type ofnuisance or disturbance around the premises.

  4. I hereby agree and assign agency rights to Central Valley Caregivers, for the limited purpose ofassisting me in obtaining legally cultivated marijuana and for purposes ofgrowing medication for my benefit. Central Valley Caregivers, may be required to purchase, possess, transport, and cultivate marijuana on my behalf, and I grant Central Valley Caregivers, limited authority to do so for this purpose.

  5. I hereby verify that I am a California resident and my personal medical marijuana will not be taken out ofthe state ofCalifornia. I further verify and agree that my medical marijuana shall not be shared, sold, bartered, traded, exchanged, or delivered in any other means to any other person, unless I am a primary caregiver ofa qualified patient who is a member ofCentral Valley Caregivers, , and who resides in the same as me. I understand that all marijuana obtained is for medical use only, and that any member who fails to comply with the terms ofthis agreement will immediately have their membership revoked.

  6. I understand that Central Valley Caregivers, is a private, members-onlY collective. I further understand that I am a non-voting member, and that I will have little or no say in how the organization is operated.

  7. As a member, I understand Central Valley Caregivers, has other members with similar Membership Agreements. I hereby authorize Central Valley Caregivers, to jointly possess the medical marijuana as described under this agreement jointly with other Central Valley Caregivers, members under similar membership agreements. I agree the medical marijuana possessed by Central Valley Caregivers, at any time is the collective property ofevery patient who is also under this Membership Agreement.

  8. I understand that as a member of Central Valley Caregivers, , I must contribute money, labor, or resources in exchange for membership in the organization. Such contributions are necessary to conduct the day to day operations ofthe Collective for the mutual benefit ofits members. I may also be asked at some time in the future to assist with the cultivation ofour plants. Any member who wishes to cultivate marijuana for the benefit ofthe Collective and its members may do so, but only ifsaid member is in possession ofa grower certificate issued by Central Valley Caregivers, This is to ensure that the amount cultivated is consistent with the needs ofthe Collective and its members, as well as compliance with local and state ordinances that may affect the member's ability to cultivate marijuana at a given location. Additionally, compensation to any member growing on behalf ofthe Collective will be limited to reimbursement ofreasonable overhead and operating expenses.

  9. I agree and understand that any member whose medical recommendation has expired shall be excluded from membership until such time that their status as a qualified patient pursuant to the Compassionate Use Act can be verified. I agree to possess my original or a true and correct copy ofmy recommendation when I am on Central Valley Caregivers, property. I understand that failure to do.so may result in refusal ofservices. I hereby agree to all future changes ofthese policies as the laws for safe access develop.

  10. I understand that under California Health and Safety Code section 11362.81, it is a misdemeanor to fraudulently represent a medical condition or fraudulently provide any material misinformationrmation to a physician, health department or the 's designee, or state or local law enforcement agency or officer, for the purpose offalsely obtaining an identification card. I hereby swear under penalty ofperjury that I did not violate any ofthe above in obtaining my recommendation or approval to use medical marijuana.

  11. I understand that all prospective members' status as qualified patients or primary caregivers must be verified prior to acceptance into Central Valley Caregivers, , and that my recommending or approving physician will be contacted prior to my acceptance. In the event that a patient's status cannot be verified immediately, Central Valley Caregivers, will contact the prospective member to advise of confirmation. Possession ofa valid, -issued medical marijuana identification card satisfies this requirement.

  12. I understand that there are certain legal issues that may arise as a result ofthe operation ofCentral Valley Caregivers, Though collectives are legal under California law, it is impossible to predict how law enforcement will respond to our operation. I agree that Central Valley Caregivers, may use all documents associated with my membership in order to provide a defense in court.

  13. Optional: I understand that to prove a defense in court, it may be necessary for Central Valley Caregivers, to call witnesses who will testifY in court to the lawful operation ofour collective. I agree to testifY in court should any member Central Valley Caregivers, face criminal charges as a result ofthe activities of our collective.

  14. I hereby authorize Central Valley Caregivers, to cultivate, obtain, transport, and possess my medical marijuana on my behalf.

  15. I hereby designate Central Valley Caregivers, as my medical marijuana administrator under Health and Safety Code § 11362.76S(b)(3).

  16. As a condition ofjoining Central Valley Caregivers, and by using such medicinelherbal cannabis and related products as I may obtain, I, my heirs, and those with me expressly and forever disclaim the warranty ofmerchantability and the warranty offitness for a particular purpose. Any product obtained may be inspected prior to delivery. The cannabis and related products are offered solely on an AS IS basis with no warranty whatsoever.

  17. As a condition ofutilizing such medicinelherbal cannabis and related products as I may obtain, I, my heirs, and those with me expressly and forever waive any and all claims now known, or discovered at any time in the future due to, related to, or arising from my use and/or storage and/or handling ofcannabis or any other productlherb/foodloiVconcentrate I may obtain from Central Valley Caregivers,

  18. I understand that any member of law enforcement who is a bona fide patient must disclose the fact that he/she is a member oflaw enforcement. Otherwise, by signing these terms and conditions, I promise, state, and a:tIirm, under penalty of perjury under the laws ofthe State ofCalifornia, that I am not a member of, affiliated with, nor employed by any law enforcement department, entity, or agency.

  19. I agree to provide Central Valley Caregivers, with all changes in my contact informationrmation, diagnosis, or primary physician immediately.

  20. I agree that any violation of the terms ofthis agreement or any other club rules are grounds for immediate termination ofmy membership.

I HAVE READ AND UNDERSTOOD THE ABOVE REQUIREMENTS AND AGREE TO FOLLOW THESE GUIDELINES. ADDITIONALLY, I HEREBY AUTHORIZE MY TREATING PHYSICIAN TO RELEASE ANY MEDICAL informationRMATION CONCERNING MY DIAGNOSIS, CONDITION, OR PROGNOSIS TO Central Valley Caregivers, AND ITS AUTHORIZED REPRESENTATIVES

Membership Terms & Conditions

  1. You must be at least 18 years of age with a valid California Drivers License or valid California ID in order to receive a delivery from Central Valley Caregivers. Please have your ID available for presentation at the door.
  2. You must have a currently valid licensed California doctor's recommendation letter for the use of medical marijuana. Recommendations must be renewed on a yearly basis.
  3. Please do not use or consume medicine in the vicinity of a Central Valley Caregivers authorized representative.
  4. You must be the only person at the door when deliveries are made.
  5. Please do not ask for any informationrmation other than delivery hours over the phone. If you have questions, please ask them by emailing the collective.
  6. You may not sell or redistribute your medicine to others, or use it for non-medical purposes.
  7. Discretion is very important. Please be very discrete. Please place your medicine out of sight. Do not display or discuss your medicine in the surrounding neighborhood.
  8. Do not engage in loud, boisterous, or disruptive behavior when a delivery representative is at your door.
  9. Use of marijuana while driving may result in charges of driving under the influence. Do not drive or operate heavy machinery while using marijuana.
  10. Respect and show courtesy towards all Central Valley Caregivers authorized delivery representatives.