Golden State Health Alliance (“GSHA”) operates as a not-for-profit patients’ collective organized to provide its members with safe and affordable access to quality medical cannabis products and information by dedicated professionals. This Collective Patient Agreement (“Agreement”) governs your access and use of the services GSHA provides and the products GSHA makes available to its members. Your acceptance of this Agreement is an express condition of your becoming a member of GSHA. By accepting this Agreement, either by clicking a box indicating your acceptance or by executing a document that references this Agreement, you agree to be bound by the following terms and conditions of this Agreement.
RISK ACKNOWLEDGEMENT: It is clearly understood that marijuana is illegal under federal law. Prosecutions are still being made under federal law for marijuana, and the defenses available under state medical marijuana laws provide no defense against federal laws. You are advised to research marijuana as medicine, and consult with your doctor as to dosage and frequency of medication. You are responsible for following those guidelines. You are responsible for not abusing medicine. If we have any indication you are abusing medicine we will refuse service, and your GSHA collective membership may be revoked.
PROPOSITION 65 NOTICE: In 2009, the CA Office of Environmental Health Hazard Assessment added marijuana smoke to its list of chemicals known to cause cancer. Member hereby acknowledges receipt of this notice.
- This Agreement delineates the rights, terms, and conditions of your membership in GSHA, a medical cannabis collective.
- GSHA membership is granted on an individual basis and is not transferable.
- Membership entitles qualified patients access to the products and services GSHA makes available to its members during our operating hours, subject to restrictions that may be amended in our sole discretion.
- Eligibility. To be eligible for membership in GSHA, the you must:
- Be a qualified patient as defined by CA Health and Safety Code § 11362.5 et seq.;
- Possess a current, valid and verifiable physician’s recommendation for medical cannabis;
- Possess valid, government-issued identification verifying patient that you are at least 18 years of age at the time of application;
- Possess proof of California residency and remain a California resident throughout the term of your membership; and
- Implement policies at home, your office, your car, or wherever the you travel to within California that will ensure that your medical cannabis does not get into the illegal market, nor will it get into the hands of minors.
- You acknowledge that medical cannabis may impair your ability to drive, or to use machinery.
- You acknowledge that the medical cannabis laws of California provide you no defense in other states, and that simple possession may be illegal.
- GSHA is a cultivation-collective (pursuant to CA Health & Safety Code § 11362.775) that exists to facilitate the collaborative efforts of patient and caregiver members in cultivating and distributing medical cannabis. GSHA does not purchase marijuana from or sell to non-members, but merely exists to provide a means for facilitating and coordinating transactions between members of GSHA.
- GSHA delegates authority for operation and management of the collective to GSHA’s appointed manager.
- GSHA operates in a not-for-profit manner. In accordance with applicable state and local laws, compensation is only received for the reasonable costs of operating the collective, including compensation incurred for services provided to qualified patients to enable that patient to transport cannabis pursuant to CA Health & Safety Code § 11362.7 et seq., or for payment of reasonable out-of-pocket expenses incurred in providing those services, or both. Reasonable out-of-pocket expenses may include expenses for patient services, third-party service providers, rent or mortgage, utilities, employee costs, furniture, maintenance and reserves. Sale of medical cannabis to cover anything other than reasonable compensation and out-of-pocket expenses is explicitly prohibited.
- All medical cannabis distributed by GSHA is manufactured and processed in the State of California and has not left the state before arriving for distribution among GSHA members.
- All activities related to the cultivation of medical cannabis conducted by GSHA comply with applicable state and local laws including, but not limited to, building and planning codes. GSHA operates in compliance with CA Health & Safety Code § 11362.7 et seq., and the CA Attorney General Guidelines. If state or local law is violated, the permit to operate may be revoked or suspended.
- All medical cannabis distributed by GSHA has been cultivated by our collective or by our members individually.
- All edible forms of medical cannabis distributed by GSHA have been manufactured by our collective or by our members.
- In compliance with state and local law, GSHA operates in a not-for-profit manner and collects reimbursements from members for reasonable expenses associated with cultivating and distributing medical cannabis to GSHA patients. Further, GSHA is committed to helping our members and the community by providing subsidized services and other charitable contributions. GSHA reserves the right to levy a surcharge on transactions between members and the collective to fund these activities. By signing this contract, you acknowledge and consent to contribute to these efforts. You acknowledge that GSHA is not a tax-exempt organization under applicable state or federal revenue codes.
- Membership Standards of Behavior and Responsibilities; Use and Verification of Personal Health Information.
- By accepting this Agreement you represent and warrant that you meet all of the eligibility criteria set forth in Section 2 (Eligibility) above.
- By accepting this Agreement you acknowledge and agree that GSHA may use or disclose for verification purposes the contents and authenticity of the physician’s recommendation you provide to us.
- By accepting this Agreement you represent and warrant that the information you have provided and continue to provide to GSHA, including your physician’s recommendation, is true and accurate and that you have provided faithful representation of the truth to the best of your ability under penalty of perjury.
- By accepting this Agreement you agree that GSHA or its affiliate collective associates and/or associations (“Affiliates”) may disclose your voluntarily-provided personal healthcare information, approval and or any paperwork provided to GSHA to the aforementioned approving or recommending physician and/or Affiliates for the sole purpose of verifying the authenticity of said approval and/or recommendation.
- By accepting this Agreement, you agree to handle any medical cannabis as you would any other prescription medicine prescribed by a doctor, knowing that these same medicines can be very dangerous to a person for whom they are not recommended or prescribed.
- By accepting this Agreement, you understand and agree that as used in this Agreement, “member” is not intended to have the same meaning or effect as the term “member” as defined in the California Revised Uniform Limited Liability Company Act codified at Cal. Corp. Code §§17701.01-17713.13 (the “Act”), and is used solely to designate membership in GSHA for purposes of compliance with Proposition 215 – The Compassionate Use Act, and California State Senate Bill 420. As such, Applicant understands and agrees that it shall have the right to be called a “member” of GSHA, but shall have no other rights with respect to GSHA including, but not limited to, economic rights, voting rights, information access rights, and any other rights afforded to “members,” as defined in the Act, of a limited liability company. Accordingly, you understand and agree that you shall not participate in the net returns of GSHA. However, attendance and participation in non‐governance related GSHA activities will be open to you and all active collective members. In the event that the provision above is found unenforceable, you hereby appoint the organizing member of GSHA to represent, vote, execute, consent, waive, and otherwise act for you in the same manner and with the same effect as if you had taken the same action personally, including but not limited to attending any meetings of the members of GSHA on all dates and times, as though you were personally present at said meeting.
- By accepting this Agreement, you authorize your recommending physician to verify to GSHA or law enforcement his or her recommendation or approval for the use of medical marijuana by you.
- Membership Standards of Behavior and Responsibilities; Termination. By signing this Agreement you acknowledge and agree that violation of this Agreement may result in immediate termination of your membership in GSHA or other disciplinary remedies as appropriate. GSHA reserves the right to terminate this agreement with any member at any time with or without cause.
- Disclaimers . You acknowledge that GSHA makes no claims, of any sort, on behalf of any products, services, or treatment protocols for any condition whatsoever. You understand that you should continue to seek professional medical consultation and monitoring while using any cannabis product. GSHA makes no warranty of any kind, whether express, implied, statutory or otherwise, and specifically disclaims all implied warranties, including any implied warranty of merchantability and fitness for a particular use, to the maximum extent permitted by applicable law.
- Waiver; Indemnification.
- In consideration of services rendered to you by GSHA, you agree, for yourself and your heirs, executors and assigns, to hold GSHA, its members, officers, employees, agents, representatives, assigns, landlords, operators, managers, attorneys, growers, providers, wholesalers, and other members harmless from any loss, theft, cost, claim, injury, damage or liability (“Damages”) incurred as a result of the use of products or services made available to you through your membership in GSHA. You have been informed and acknowledge that GSHA makes no claims as to medical results that can be obtained through use of products made available to you by GSHA and have neither suggested nor will suggest any medical treatment to members. You understand that cannabis remains a prohibited substance under Federal law and accept all risk associated with its possession and consumption.
- It is intended that this Agreement shall be given full force and effect in accordance with each and all of the terms and provisions hereof, with respect to all claims, demands, and causes or action which are subject to the provisions of this Waiver; Indemnification section, including without limitation, all unknown or unsuspected claims, demands and causes of action, if any, and, in this regard, and without limiting the generality of any other term or provision hereof, the undersigned on behalf of his or her heirs, agents, representatives, and assign, does hereby expressly and irrevocably waive the provisions of California Civil Code Section 1542, and all of the rights and benefits conferred thereby, which provides as follows:
“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 known must have materially affected his settlement with the debtor.”
- You understand that your contributions, if any, for medicines you may acquire from GSHA are used to ensure continued operation and that this transaction in no way constitutes commercial promotion of illegal marijuana. The monies you may pay, or work that you do in the production of the medical cannabis, are to help the GSHA to continue to operate and meet the associated costs and expenses or providing its members with medical marijuana for their medical needs.You agree to not deliver any product obtained from GSHA to any other person not authorized by California law to possess them.
- Amendments . You acknowledge that GSHA reserves the right to amend or update this agreement periodically and will provide proper notice to the member in the event of any change to this Agreement that, in our sole discretion, is material. Any amendment initiated by the member must be signed, and agreed to in writing and approved by the manager of GSHA.