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Disclaimer, Privacy, Security

Marijuana remains illegal under federal law.  The Federal Government does not recognize marijuana to have any medicinal values.  Marijuana sales and distributions are illegal under California law and Federal laws.

Smile House marijuana delivery service is formed and operates in accordance with California Attorney General Guidelines (2008), California Health and Safety code 11362.5 and 11362.775, Proposition 215 and Senate Bill 420.  The state of California and 25 US states, Uruguay, Canada, Spain, Portugal and other European Nations have passed laws allowing for the use of cannabis for medical marijuana patient programs; which allows people, with valid doctor’s recommendation, to use cannabis as medicinal remedies.

Although, United States federal government officials have consistently denied that marijuana has any medical benefits, the government actually holds patents for the medical use of the plant.

Just check out US Patent 6630507 titled “Cannabinoids as antioxidants and neuroprotectants” which is assigned to The United States of America, as represented by the Department of Health and Human Services.

The patent claims that –

“Cannabinoids have been found to have antioxidant properties, unrelated to NMDA receptor antagonism. This new found property makes cannabinoids useful in the treatment and prophylaxis of wide variety of oxidation associated diseases, such as ischemic, age-related, inflammatory and autoimmune diseases.The cannabinoids are found to have particular application as neuroprotectants, for example in limiting neurological damage following ischemic insults, such as stroke and trauma, or in the treatment of neurodegenerative diseases, such as Alzheimer’s disease, Parkinson’s disease and HIV dementia.”

The patent was obtained in October of 2003.

The California Attorney General has stated:

Under California law, medical marijuana patients and primary caregivers may “associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes.”  (§ 11362.775.)  The following guidelines are meant to apply to qualified patients and primary caregivers who come together to collectively or cooperatively cultivate physician-recommended marijuana.

“It is the opinion of this Office that a properly organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful under California law, but that dispensaries that do not substantially comply with the guidelines set forth in sections , are likely operating outside the protections of Proposition 215 and the Medical Marijuana Program (SB 420), and that the individuals operating such entities may be subject to arrest and criminal prosecution under California law.”

Collectives (page 8):  California law does not define collectives, but the dictionary defines them as “a business, farm, etc., jointly owned and operated by the members of a group.”  (Random House Unabridged Dictionary; Random House, Inc.   Applying this definition, a collective should be an organization that merely facilitates the collaborative efforts of patient and caregiver members – including the allocation of costs and revenues.  As such, a collective is not a statutory entity, but as a practical matter it might have to organize as some form of  business to carry out its activities.  The collective should not purchase marijuana  from, or sell to, non-members; instead, it should only provide a means for facilitating or coordinating transactions between members.

Business Forms (page 8):  Any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes should be organized and operated in a manner that ensures the security of the crop and safeguards against diversion for non-medical purposes.  The following are guidelines to help cooperatives and collectives operate within the law, and to help law enforcement determine whether they are doing so.

Storefront Dispensaries (page 11):  Although medical marijuana “dispensaries” have been operating in California for years, dispensaries, as such, are not recognized under the law. As noted above, the only recognized group entities are cooperatives and collectives.

Sales Tax, and Seller’s Permits (page 9):  The State Board of Equalization has determined that medical marijuana transactions are subject to sales tax, regardless of whether the individual or group makes a profit, and those engaging in transactions involving medical marijuana must obtain a Seller’s Permit.