SugarLeaf Wellness Membership Terms And Conditions
SugarLeaf Wellness is a California Patients Association, organized under the laws of the state of California. Thus, it is the policy, purpose and intention of SugarLeaf Wellness to act at all times within the scope of California State law governing medical marijuana, including in particular Prop. 215 (also known as the “Compassionate Use Act” or “CUA”), Senate Bill 420 (also known as the Medical Marijuana Program Act or “MMPA”), and consistent with the California Attorney General Guidelines For The Security And Non-Diversion Of Marijuana Grown For Medical Use (August 2008).
To aid each of our patients in better understanding the laws governing medical marijuana in California, SugarLeaf Wellness requires each of our patients review and agree to the following:
Membership Rules, Conditions Of Membership And Representations
- No person may be admitted as a member unless holding a valid recommendation from a physician in good standing with the State of California, or license issued by the Department of Health Services (DHS) entitling such person to use medical marijuana, for which the recommendation must be confirmed with the physician (or DHS) before any person is allowed to become a member of the Collective. This process may take up to one (1) business day, or sooner depending on the responsiveness of the physician. Membership remains contingent upon the member maintaining a valid physician’s recommendation.
- All medical marijuana and derivative or infused products distributed by the Collective must be cultivated by a member of the Collective.
- No medical marijuana product may be provided to non-members of the Collective.
- No person shall receive any medical marijuana or derivative product from the Collective until they are approved as members.
- No person under the age of 21 may be a member of the Collective.
- Membership shall be terminated if it is discovered after admission that a member is no longer in compliance with any condition for membership, such as the validity of a physician recommendation, or that a member obtained a physician’s recommendation under false pretenses or based on false information.
- The re-sale or diversion of any medical marijuana or infused product obtained from the Collective is prohibited.
- Undertaking any action or conduct that endangers the legal defenses under the Compassionate Use Act or the Medical Marijuana Program Act (Ca. Health & Safety Code § 11362.5 et seq.) is prohibited. The use of any non-organic pesticides or other harmful products in any medicinal product manufactured or cultivated for SugarLeaf Wellness, or its members, is prohibited.
Member Pledges To The Collective And Other Members
- It is my intent in joining this Collective, as a qualified patient, person with a valid identification card and/or primary caregiver (as those terms are defined by Ca. Health and Safety Code §11362.7), to “associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes, and that as such my conduct related to the Collective and its conduct on my behalf and for my benefit should not be subject to state criminal sanctions under Ca. Health and Safety Code Sections: 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570”. I am engaging in this conduct and participating as a member in the Collective based on the good faith belief and expectation that neither I nor the Collective are violating California law.
- I understand that any monies I contribute to the Collective for any medical marijuana or infused products are to fund cultivation projects, sustain and enable the Collective to continue to operate, maintain employees and a location, and to pay the associated costs and expenses of providing its members with medicinal marijuana for their medical needs, including fair and reasonable compensation of Collective employees, independent contractors, officers and directors, professional fees, and that such transactions will be done consistent with the nonprofit purposes of the Collective.
- I will provide the Collective with updated recommendation and contact information when applicable.
- I did not obtain my physician’s recommendation by fraud or misrepresentation, and I am not seeking membership for any fraudulent or deceptive purpose.
- I am a qualified patient under Ca. Health & Safety Code §§ 11362.5 and 11362.7(f), I have been diagnosed with a serious illness for which cannabis provides relief and I have received a recommendation or approval from a licensed California physician to use medical cannabis. Thus I am legally able to use, possess, and cultivate cannabis for medical purposes pursuant to California law.
- I authorize the Collective to contact my recommending physician to verify his or her recommendation or approval for the use of medical marijuana, and to use and disclose to the physician any medical information contained in said medical recommendation for these purposes of confirmation.
- I understand the Collective will keep a copy of my physician’s recommendation on file and that the Collective’s policy is to not disclose the name or identity of any patient other than in the course of confirmation of the recommendation, and except as required by law.
- I will not resell any medical marijuana or infused product received through the Collective and I will take appropriate steps to keep it away from children and other unauthorized persons.
- I understand that the MMPA and the case of People v. Kelly, 47 Cal. 4th 1008, decided by the Supreme Court of California, codified as Ca. Health & Safety Code § 11362.77, currently limits qualified patients to possess and cultivate the amount of marijuana reasonably necessary for their personal medical needs.
- I give permission to and authorize SugarLeaf Wellness to cultivate, obtain, transport and possess cannabis and infused cannabis products on my behalf, and to distribute such medical marijuana to myself and other Collective members, and I hereby assign to the Collective to the extent necessary my right to cultivate medical marijuana for my personal use for as long as I maintain my membership with the Collective, to the fullest extent permitted by Ca. Health & Safety Code §§ 11362.77 and 11362.775. I understand that it is necessary that I assign these rights to the Collective so that I, the Collective and its members can operate and maintain full compliance with the letter and spirit of these legal provisions and, in particular, the collective/cooperative defense afforded by the Medical Marijuana Program Act.
- I agree to waive any claims I may have in the future and hold harmless SugarLeaf Wellness and its members, officers, directors, and agents relating to: (i) any side effects, outcomes, or personal injuries I may sustain, or any damage I may cause to another person or any property as a result of any medical cannabis or infused products I obtain through the Collective, and/or (ii) any claims relating to the strength, potency, purity, appropriateness for my condition of any marijuana and infused products I may obtain at SugarLeaf Wellness. In this regard, I knowingly waive the provisions of Civil Code Section 1542 which states in pertinent part that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if know, must have materially affected his settlement with the debtor.”
- I waive any right I may otherwise have to participate in the governance or administration of SugarLeaf Wellness.
- I understand that the possession, cultivation and sale of marijuana is illegal under FEDERAL LAW notwithstanding the protections afforded to me as a qualified patient under California State law. I will not hold the Collective or its members responsible to the extent I am the subject of any federal law enforcement action for my own conduct.
- I am not a member of law enforcement joining this Collective for investigatory purposes or under false pretenses.
- I have read and understand the SugarLeaf Wellness rules and conditions as reflected in this Membership Agreement, and I agree to abide by those terms of membership. I further affirm under penalty of perjury that the information I provided herein is true and accurate to the best of my knowledge, and I agree to indemnify the Collective and its members for any legal fees and costs arising from any false statements and misrepresentations I made herein.