How collectives legal under state law?
California Health and Safety Code §11362.775 authorizes patients and caregivers to “associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes” [italics added]. Unfortunately, the law gives no further clarification as to what constitutes a collective or cooperative association. The nature of these associations is evolving in step with California law and legal precedents. In August 2008, the California Attorney General (AG) published guidelines for medical cannabis that state 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 AG’s guidelines. You should read “What the Attorney General’s Guidelines Mean for Medical Cannabis Dispensing Collectives in California” for a detailed discussion of collectives and cooperatives under California law.
