I agree to all of the following terms and conditions of membership of Healthy Greens, a California nonprofit medical marijuana collective (referred to as “Collective”). I understand that this agreement is required to join the Collective, and I promise to abide by its terms and conditions at all times. In consideration of the processing of my application, the rights, privileges and benefits of membership in the Collective, and other good and valuable consideration the receipt of which I hereby acknowledge, I enter into this Agreement as of the date set forth next to my signature.
Terms, Conditions & Representations
1. I represent and warrant that all information, representations, records and other documents I provide to the Collective, and those provided on my behalf, to join the Collective, and as may be submitted in the future to maintain my membership and to receive the benefits of membership in the Collective, are to the best of my knowledge and belief true, correct, complete and without any material omission.
2. I am a California resident, over 18 years of age, a qualified patient under California Law, and my doctor has recommended medical marijuana as appropriate treatment for my serious medical condition. Under the Compassionate Use Act (California Health and Safety Code §11362.5) and the Medical Marijuana Program Act (California Health and Safety Code §§11362.7 et seq.), I may use, possess, cultivate and transport marijuana, for medical purposes only, within the State of California.
3. I understand that the Collective established itself in accordance with California Health and Safety Code section 11362.775 so that qualified patients, persons with an identification card, and their designated primary caregivers, may associate with each other in order to collectively cultivate marijuana and distribute it to members of the Collective to use for medical purposes. I agree to comply with (1) this Agreement, (2) rules, regulations, policies, and procedures adopted by the Collective’s board of directors, (3) any lawful directions, instructions and requests from staff of the Collective in connection with the distribution of medical marijuana to me for my personal medical use, and (4) state and local laws and regulations relating to medical marijuana and medical marijuana collectives, as the same may be amended or superseded from time to time.
4. I acknowledge and agree that all activities relating to the cultivation, processing, transportation, possession, storage, allocation, acquisition, disbursement, provision and use of medicinal marijuana by or through the Collective and its members are conducted solely for the mutual benefit of members of the Collective. Any sale, gift, distribution or transfer of possession of medical marijuana by the Collective or its individual members to any person who is not a member of the Collective is strictly prohibited.
5. I understand that marijuana will be cultivated specifically for me based on my individual medical needs. As such, I authorize all members of the Collective to cultivate, process, possess and transport medical marijuana on my behalf within the State of California.
6. I agree not to distribute any marijuana to anyone who is not an active member of the Collective, and only to use the medical marijuana obtained from the Collective for my personal, legitimate, medical needs as recommended by my doctor. I will not take my personal medical marijuana out of the State of California for any reason. I further agree that I will not share, sell, barter, trade, give, exchange, deliver or otherwise provide my medical marijuana to any other person.
7. I agree that any violation of the terms of this Agreement or any other rules, regulations and procedures established by the Collective’s board of directors are grounds for immediate termination of membership, and that the Collective’s management reserves the right to refuse to provide medical marijuana on any given day to any member for any reason or no reason whatsoever.
8. The Collective is a nonprofit corporation that facilitates the collaborative efforts of its patient and caregiver members – including the allocation of costs and revenues – to cultivate, process, transport, store and distribute medical marijuana to qualified patients who join the Collective, in accordance with California law. As a member, I agree to pay a fee for the medical marijuana grown on my behalf to ensure the Collective’s continued operation, and that such payments are not in any way to be construed as a commercial sale. I further understand and agree that fees are set at levels reasonably calculated to cover the Collective’s direct and indirect overhead costs and operating expenses, including the amortization of startup costs, capital costs, and maintenance of reasonable reserves. I understand and agree that, as a member, my proportional share of such costs and expenses is not susceptible to precise calculation, and that the most fair and reasonable means of raising the revenues needed to operate the Collective, and of distributing the costs among the Collective‘s members, is for each member to pay a fee based on the amount of medical marijuana cultivated for and obtained by the member from the Collective.
9. I agree to provide the Collective with all changes in my contact information, diagnosis, and changes in my medical condition or primary physician immediately.
10. As a member of the Collective, I, my heirs, and those with me, expressly and forever disclaim the warranty of merchantability and the warranty of fitness for a particular purpose with respect to marijuana I obtain from or through the Collective.
11. I acknowledge that the possession, transportation, cultivation, distribution, processing, use and other marijuana-related activities may result in civil and criminal liability under state and federal laws notwithstanding my status as a qualified medical marijuana patient and member of the Collective.
12. 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 of marijuana or any other product/herb/food/oil/concentrate I may obtain from the Collective.
13. I, my heirs and those with me expressly and forever release, defend, indemnify and hold harmless the Collective, its officers, directors, members, landlords, operators, managers, employees, agents, growers, providers, wholesalers, and vendors, from and against any and all lawsuits, alter-ego lawsuits, demands, charges, or claims whether for personal injury, wrongful death, or any other form of injury or damages, arising from or related to my membership in the Collective; and further, with references to the strength, potency, purity, toxicity, storage or handling, appropriateness for the condition of any marijuana and related products I may obtain, provide, handle, or to which I am exposed, the Collective, or any other thing, matter, occurrence, damage, or injury, I may suffer as a result of my membership or presence on property owned or controlled by the by the Collective.
14. I knowingly waive the provisions of California 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 by him must have materially affected his settlement with the debtor.
15. I understand that marijuana may affect a person’s ability to drive or operate machinery. I agree not to drive while under the influence of marijuana, or to use marijuana in any vehicle even if I am a passenger.
16. I authorize the Collective to possess medical marijuana jointly with other Collective members under similar membership agreements. I agree the medical marijuana possessed by the Collective at any time is the collective property of every qualified patient who is a member of the Collective.
17. I authorize the use and disclosure of the information in the recommendation of my physician for medical marijuana or provided to the Collective for the purposes of verifying that: (1) I am a qualified medical marijuana patient under Health and Safety Code §§11362.5 and 11362.7 et seq., (2) the recommendation is a true and correct copy of the record contained in my medical records file maintained by the physician’s office, (3) I am a member of the Collective, and (4) I have authorized the Collective and its members to cultivate, process, transport, and store medical marijuana on my behalf, and to distribute medical marijuana to me and other qualified patients and their primary caregivers who also are members of the Collective. The Collective may use my individually identifiable personal information, and may disclose such information to persons identified in Government Code §3301 acting within the course and scope of their official duties, and others. I understand that the Collective’s policy on privacy is to not disclose the name or identity of any patient other than to confirm physician recommendations for use of medical marijuana, patient identities, and as may be reasonably necessary to further the cultivation, processing, transportation, storage and dispensing of medical marijuana in compliance with California medical marijuana laws.
18. Every member shall keep all medicine, including medical marijuana, properly secured. I agree that I will secure my medical marijuana so that nobody, especially children, can get to it. I hereby affirm that I have read, understand and agree to the terms and conditions of this membership agreement without reservation, and that I am 18 years of age or older and a qualified patient under Health and Safety Code §11362.5.