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Many patients are now beginning to start mobile medical marijuana collectives as a way to provide their patients with safe access to their medical marijuana. As many of the storefront medical marijuana dispensaries have come under recent attack, many patients are now beginning to form medical marijuana delivery services without drawing much of confrontation a storefront can attract. Delivery services can be legal under California state law and can be operated with the same legal protections that are afforded qualified patients who collectively cultivate medical marijuana. The medical marijuana collective lawyers at Cannabis Law Group can help you set up your medical marijuana delivery service.
A medical marijuana delivery service is set up the same way as a storefront dispensary. Both storefronts and delivery services start by being incorporated as a non profit mutual benefit corporation under the laws of the State of California. Pursuant to California law, including the Attorney General’s Guidelines on Medical Marijuana, collectives may incorporate as non profit mutual benefit corporations. This legal paperwork is good for starting a medical marijuana collective anywhere in the state, so the same paperwork can be used to set up a mobile medical marijuana collective, delivery service or storefront collective.
Many cities that ban storefront medical marijuana collectives will tell you that medical marijuana delivery services are illegal and not allowed, even under California state law. However, this is absolutely untrue. California Health & Safety Code Section 11362.768(e) specifically mentions mobile medical marijuana collectives by limiting where “mobile retail outlets” can operate.
Section 11362.768, which is part of the Medical Marijuana Program Act, states that no medical marijuana collective can be within 600 feet of a school, including “mobile retail outlets”. Section 11362.768(e) states which medical marijuana collectives must be at least 600 feet from a school and states: “This section shall apply only to a medical marijuana cooperative, collective, dispensary, operator, establishment, or provider that is authorized by law to possess, cultivate, or distribute medical marijuana and that has a storefront or mobile retail outlet which ordinarily requires a local business license.” By including mobile retail outlets in the list of medical marijuana operations that cannot be within 600 feet of a school, the law has given acknowledgment to the legality of a mobile collective, for example, one that operates at least 600 feet from a school.
Many cities have banned medical marijuana collectives from operating in their city. Many of these cities will also inform the public that medical marijuana delivery services are also not allowed in their city. In our experience, however, a medical marijuana delivery service can sometimes be a much safer and cost effective method to operate a collective and provide medicine to those members of the collective who cannot or chose not to grow for themselves. Many storefront dispensaries draw criticism from their neighbors because the smell of marijuana is strong and may disrupt neighboring businesses or residences. With delivery services – at least in theory – these same problems do not exist. Many cities like San Diego have gone completely to delivery service due to the Federal Department of Justice’s having shutting down the storefronts.
If you are thinking about opening a mobile medical marijuana collective or a medical marijuana delivery service, call the medical marijuana lawyers at Cannabis Law Group today at 714-937-2050. We can consult with you regarding your medical marijuana delivery service, answer your legal questions and provide the information you need about this rapidly evolving legal landscape. We can also incorporate your medical marijuana collective and help you obtain the necessary legal documentation to start and run in compliance with California state law.