LEAFSHYP is operated by Q.P.S. Inc. a California Proposition 215 and Senate Bill 420 complaint NON-PROFIT mutual benefit corporation operating as a collective. Q.P.S. Inc. utilizes a holistic approach to members by providing palliative care. We may provide coaching, classes, seminars, consultations, transportation or other services to members in support of this approach. As a qualified patient protected by California Law, Health & Safety Code §11362.5 and §11362.7, et seq., and, in conjunction with California Health & Safety Code § 11362.775, you are required to agree to the following prior to becoming a member:
LEAFSHYP (“Collective”), facilitates the association of qualified medical patients for the purpose of collectively cultivating medical cannabis for its members, pursuant to Health and Safety Code sections 11362.765 and 11362.775. The Collective is dedicated to providing members with the highest level quality service pursuant to the Compassionate Use Act and Medical Marijuana Program Act (Health & Safety Code § 11362.5, et seq.). This agreement contains member requirements and guidelines to ensure compliance with the Compassionate Use Act, Medical Marijuana Program Act and the Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use; to protect the safety and further the health and wellbeing of members; and to continue to create a member-run, community-based, alternative healing and wellness organization.
I. Medical Necessity
Article 1. I am a qualified patient entitled to the protection of California Health and Safety Code section 11362.5, et seq., my physician has recommended/approved my use of cannabis for medical purposes.
Article 2. My physician has determined that I suffer from a serious medical condition for which medical cannabis provides relief and has provided a written recommendation that verifies this fact. I understand the Collective will keep a copy of these documents on file and will independently verify with my physician my medical recommendation that forms the basis of my right to be considered a qualified patient under California law. I also understand the Collective or any representative, volunteer, or member thereof is available to provide education, information, consultation, and other services aimed at providing members an understanding of how they may cultivate, transport, possess, and use medical cannabis under California law. I understand the collective is unable to provide dosage information to individual members and that as a member I must contact my physician for dosage specifications.
Article 3. In order to acquire the medicine my physician recommends, and in accordance with Health and Safety Code § 11362.5, et seq., I hereby seek membership in the Collective and understand that in order to be a member of the Collective, and to maintain my membership in the Collective, I must agree to, and follow all terms and conditions set forth in this agreement.
Article 4. As a condition of membership, I have provided a copy of such recommendation to the Collective, as well as a copy of my current state issued identification or other recognized form of residency documentation. I agree to provide the Collective with my current medical recommendation each and every time I obtain my medical cannabis. I understand that any member whose medical recommendation is expired shall be excluded from membership until such time that their qualified status pursuant to the Compassionate Use Act can be verified. As a member I will consistently rely upon the collective exclusively as the source of my cannabis medicine.
II. Membership Bylaws, Rules and Policies
Article 5. I understand that as a member of the Collective, I must inform the collective of the specific strain(s) of medical cannabis I need and to which I am entitled and, to that end, I agree to assist, if necessary, in any aspect of the cultivation process including, but not limited to, cutting clones, trimming, and/or reimbursing actual costs incurred. I also understand that I may be called upon to contribute finances, labor and/or resources to the Collective. Such contributions are necessary to REIMBURSE THE OVERHEAD and to cultivate my medical cannabis, as well as to conduct the day-to-day operations of the Collective for the benefit of its members.
Article 6. I agree to assign agency rights to the Collective for the limited purpose of obtaining legally cultivated medical cannabis and for purposes of growing medication for my benefit. I understand that the Collective is required to possess, transport, and cultivate medical cannabis on my and other members’ behalf, and limited authority is granted to the Collective for this purpose. I agree keep all medicine stored securely; any deviation is the responsibility of the member.
Article 7. I understand that medicine obtained is for medical use and may not be diverted for non-medical use or use by a non-member of the Collective. I understand it is a violation of this agreement and of State law to divert my medicine in any way and for any reason to any other person and a violation of this section will result in immediate revocation of my membership in the Collective. Also, to prevent diversion of cannabis to non-members, I understand that the Collective limits disbursement of medicine to no more than eight (8) ounces per month unless specifically authorized by management. I understand cannabis may impair one’s ability to drive or operate heavy machinery, as a member I agree to not drive after using cannabis.
Article 8. I understand that my medical cannabis recommendation may be disclosed pursuant to any required audits by any Government agency for purposes of verifying the Collective’s compliance with the Compassionate Use Act, the Medical Marijuana Program Act, the Attorney General Guidelines, or any local ordinance. I understand that the Collective may maintain records of my medical use in order to demonstrate compliance with the Compassionate Use Act, the Medical Marijuana Program Act, the Attorney General Guidelines, or any local ordinance, and, further, that the Collective will take all legal steps necessary to keep such records private and confidential, subject to the need of the Collective to use such records to defend itself and establish that the conduct of the Collective and its members did not violate the law.
Article 9. As a member of the Collective, I recognize that there are risks inherent in the use of medical cannabis. All medical cannabis is obtained from members of the Collective at various locations not necessarily under the Collective’s direct supervision. While the Collective takes every reasonable precaution to assure the quality, purity and effectiveness of the medical cannabis, the Collective makes no warranties or representations as to the quality, purity and effectiveness of the medical cannabis. I understand that the Collective is not responsible for the effects and makes no representation or warranties, express or implied, with regard to the safety, effect or efficacy of the medical cannabis I may obtain from the Collective when used by itself or with other medicine.
Article 10. As a member of the Collective, I agree to follow the Bylaws, Rules and Policies of the Collective and I acknowledge I have been provided an opportunity to review the Collective’s Bylaws, Rules and Policies. I acknowledge membership in this collective does not provide protections under federal laws regarding the possession or use of cannabis. I also understand any complaints received by collective staff will be dealt with as zero tolerance policy and your membership may be terminated upon investigation. I further declare under penalty of perjury that I am not a member of law enforcement and will not divert any medicine for the purpose of any criminal investigations.
Article 11. As a member I hereby release, waive and discharge on behalf of myself, my heirs, and those with me expressly and indefinitely; the Collective, including its owners, landlord, operators, officers, agents, employees, volunteers, managers, attorneys, growers, providers, wholesalers, directors, members, independent contractors, parent organizations, subsidiaries, affiliates and other personnel (“Releasees”) from, and agree and covenant not to sue Releasees for, any claim, liability, or demand of any kind or on account of any personal injury, temporary or permanent disability, death, property damage, lawsuit, alter-ego lawsuits or other damages, whether caused by the negligence of Releasees or otherwise, resulting from or in any way associated with my presence on the premises Collective’s facilities, amenities, or services and related products you may obtain through the collective. Further member knowingly waives the provisions of Civil Code Section 11542 stating 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 known by him must have materially affected his settlement with the debtor.”
Article 12. I have been informed and understand that there will be an ANNUAL MEETING OF ALL MEMBERS of the Collective for purposes of voting as to the operation of the Collective and that I will be advised of the annual member meeting by U.S. Mail, email and/or published notice posted at the Collective not less than ten (10) nor more than ninety (90) days before the date of the meeting. Furthermore I acknowledge the understanding that my membership in the collective constitutes my willingness to testify in court if the Collective or any of its members were charged for criminal offenses relating to the cultivation, possession or transportation of medical cannabis.
Article 13. I understand that the Collective will make available to me at the time of the annual meeting or upon reasonable request records verifying the reimbursement necessary to compensate members’ out-of-pocket expenses, time spent, and any and all operation and overhead expenses incurred in the course of cultivating and otherwise making available medical cannabis on behalf of the Collective. I understand that smoked cannabis contains a chemical known to the State of California to cause cancer http://oehha.ca.gov/prop65/prop65_list/files/P65single051115.pdf.
Membership Agreement and Authorization
By accepting this agreement, you acknowledge there may be membership fees and authorize Q.P.S. Inc. and/or its representatives to charge the credit card on file for such membership fees. You agree to pay for this credit card purchase in accordance with the issuing bank cardholder agreement. You warrant and represents the authorization to sign for charges to the credit card on file and subsequently charged by Q.P.S. Inc. and by executing the agreement consents to the charges being processed on the same. Furthermore, the undersigned consents to the execution by any representative of Q.P.S. Inc. of any charge slip or other document required by Q.P.S. Inc.’s credit card company to support or process the charges incurred. You understands that all transactions are final and that refunds will not be provided.
You declare under penalty of perjury that the information provided on this membership agreement is true and correct; has read and understands the requirements and agrees to follow all guidelines; acknowledges that has been offered the ability to review the Articles of Incorporation, Bylaws, Membership Agreement, and Membership Rules and Policies. Additionally, I hereby authorize the release of my information to Q.P.S. Inc. and its’ authorized representatives, partners or associates for any and all valid operational purposes.