CANNABIS AT COST, CO-OP/PRODUCER APPLICATION, LNPP BYLAWS/ ARTofINC. PATIENT FEEDBACK

Here are the current bylaws for a production application I am currently working on, it is quite different from the model that the other LNNPs have implemented.

This is geared to be more of a co-op combined with the current producer model where the number one goal of Cannabis At Cost is, to get medicine to patients at the cheapest possible price.

Please Please contribute, feel free to add anything to the bylaws that you think would make the business a success, or anything that would further provide checks and balances. I have not applied to become a non profit yet, and would like feedback from other patients, I am a patients myself for ulcerative colitis, I also have degenerative disc disease. I grew up in New Mexico moved to Hawaii in my early twenties due to the fact they had medical cannabis. I was a long time legal cannabis grower in Hawaii and moved back to New Mexico once the cannabis program was established, my fiance is going to be finishing her masters degree at NMSU, and then back to Hawaii for us. This is not intended to be my cash cow in anyway, so when reading these bylaws, always remember the purpose of this company is to ensure the patients always receive their medicine at the cheapest possible price, while still providing a reasonable salary to 2-3 people, with a salary cap of how much a year they can make. I am taking input as well on what the grower and his security should be paid.
I am not a lawyer and am just putting this together from other things I have read, and things I would like to see change, or problems I have seen with other medical states, I really welcome any help in further writing these bylaws & Articles of Incorporation as I want this to be by the patients for the patients.

If you make changes to the bylaws, either grammar or choose to add something, please change the color of what you add to red like so, so others can easily see the changes, I will take feedback for the next month, and then will be turning in my non profit paperwork, then shortly after apply for a production license.
If you are a patient, or medical provider please feel free to contact me Here

Articles of Incorporation and ByLaws determine how a company is to be operated, hopefully by having the points I mention below included in the framework of the company,will set the company up in a way that the company is providing cannabis at the cheapest possibly price to the patients of NM.
The board of directors can not change the bylaws of the company, without a majority vote of the patients that are registered with the company.
No board members are to be financially compensated, regardless if the president, or a simple patient on the board.(other than cost of gas)

Only 2 people are paid within the company, the grower, and his security guard


All positions besides grower & security are 100% voluntary.
Grower and Security shall be paid hourly, instead of salary( there will be a salary cap for the year as well), and shall be paid a reasonable fee.

At the end of each harvest, production costs for the grow will be tallied. An estimate of how much money will be needed for the next grow will be figured and set towards the next grow, and the cannabis will be sold at cost to the patients of new mexico, if at the end of the year there is any surplus of cash, that will also be distributed back to the patients.
Patients will have the option to buy cannabis manicured, or non manicured non manicured being significantly cheaper.

All patients will receive a copy of expenses for them too look over, to see where the money is going that the company is making.

I can not say exactly how much expenses will be, but I would hope to be able to do grams for no more than 6.00$ and if I somehow can't, everyone will have an expense report to see where exactly the cash is going.

Any Ideas or Input is welcome. I don't plan on living in NM much longer, so here is one of my parting gifts, my shot at improving an already pretty good system.


BYLAWS
OF
CANNABIS AT COST

A NEW MEXICO NON-PROFIT CORPORATION


Article I
Name and Principal Office

The name of the Corporation is CANNABIS AT COST (hereinafter the â??Corporationâ?�). The principal office of the Corporation shall be located in the City of ________ and County of __________________, State of New Mexico. The Corporationâ??s registered office shall be located in New Mexico at the address of the Corporationâ??s registered agent.

Article II
Purpose and Objectives
The Corporation is organized and incorporated under the laws of the State of New Mexico as a non-profit corporation with no part of its income or profit to be distributable to any director or officer. The purposes of this organization shall be:
â?¢ to operate a non-profit entity to facilitate the legal production and distribution of medical cannabis solely in compliance with and pursuant to the Lynn and Erin Compassionate Use Act in the most affordable way possible, Sec. 26-2B-1 et seq. NMSA 1978 and other similar laws, as the same exist or may hereafter be amended, to ensure the safe production, distribution and dispensing of medicinal cannabis for the sole purpose of medical use for alleviating symptoms caused by debilitating conditions.
â?¢ to ensure medicinal cannabis is accessible in New Mexico in a manner that is consistent with the highest standard of care, including but not limited to ensuring access to a variety of strains,
â?¢ to produce and distribute an adequate supply of high quality, organic, medical cannabis to qualified patients or primary caregivers in New Mexico as defined in the Lynn and Erin Compassionate Use Act, Sec. 26-2B-1 et seq. NMSA 1978, for the sole purpose of medical use, and
â?¢ to deliver medical cannabis to New Mexico qualified patients or primary caregivers, as defined in the Lynn and Erin Compassionate Use Act, Sec. 26-2B-1 et seq. NMSA 1978, for the sole purpose of medical use, in a safe and supportive method or environment.
The above shall not be considered to restrict in any way the carrying on of any lawful activities of the corporation, so long as such activities are not in contravention of the purposes set forth in the Articles of Incorporation.

Article III
Members
The corporation shall have members who are currently in compliance with the Lynn and Erin Compassionate Use Act and registered patients in the New Mexico Cannabis Program. Any member is automatically enrolled in the Advisory Board, but may be taken off if they so ask.

Article IV
Board of Directors
Section 1. Management. All corporate powers shall be exercised by or under the authority of the Board of Directors. The business and affairs of the Corporation shall be managed under the direction of the Board of Directors. The Board of Directors shall have the general management and control of the activities and affairs of the Corporation and shall exercise the powers that may be exercised or performed by the Corporation under the laws of the State of New Mexico and the United States, these Bylaws, and the Articles of Incorporation.

Section 2. Number and Voting Rights. The number of the directors of the corporation shall be set by resolution of the Board of Directors from time to time, but shall not be less than six (6) persons. Only the President, Vice President, and Secretary/Treasurer of the Corporation shall be voting members of the Board of Directors, and shall constitute the â??Executive Boardâ?�. These three Directors shall have one vote each on any matter that comes before the Board. The other non-voting members of the Board of Directors or the â??Advisory Boardâ?� shall include at least one (1) physician, a nurse, or other health care provider, and three (3) patients currently qualified under the Lynn and Erin Compassionate Use Act.

Section 3. Advisory Board Members
The Advisory Board is comprised of the non-voting members of the Board of Directors, and shall include at the minimum one (1) physician, nurse, or other health care provider, and three (3) patients currently qualified under the Lynn and Erin Compassionate Use Act. The President, Vice President, and Secretary/Treasurer appoint the members of the advisory board. They will serve either two or three year terms and may serve successive terms. The Advisory Board supports and advises the officers or the Corporation. The patient Advisory Board members will provide advice and counsel on the needs and desires of the corporationâ??s client base. The health care provider Advisory Board member will provide advice and counsel on medical and health safety issues. Advisory Board members will stay informed and consult with peer patients statewide and advise the Corporation of ways to improve its operation. The Advisory Board shall be comprised of a group who represent the essence of the corporation â?? those who are aware of and touched by the need for medical cannabis. All travel and expenses related to attending meetings of the Corporation will be paid by the Corporation.

Section 4. Executive Board Members. The President, Vice President, and Secretary/Treasurer of the Corporation are the only voting members of the Board and shall be the â??Executive Boardâ?� members. All three (3) members of the Executive Board shall constitute a quorum. All three(3) positions are non paying positions, and are 100% voluntary.
Section 5. Regular Meetings. Regularly scheduled meetings of the Board of Directors shall be held at least once per year, and more often if necessary, at a time and place agreed upon by a majority of the Board of Directors. Notice of the time and place of the time and place of the meeting shall be mailed to each member at least seven (7) days prior to the meeting. Directors may waive such notice. Attendance constitutes waiver of notice. Unless otherwise determined by the Executive Board, the annual meeting shall be on _______________________ (e.g.: the third Tuesday of February) each year.
Section 6. Removal or Resignation. Any member of the Board of Directors may be removed at any time for any reason by a majority vote of the Executive Board. Any Director may resign at any time. Such resignation shall be made in writing, and shall take effect at the time specified therein, if not specified upon its receipt by the President.
Section 7. Committees. The Board of Directors may create committees as needed. Committees composed of such members of the Advisory and/or the Executive Board as the Executive Board may deem necessary or advisable from time to time.
Section 8. Action without Meeting. Any action required or permitted to be taken at any meeting of the Board of Directors may be taken without a meeting if all three (3) members of the Executive Board of Directors consent thereto in writing and such writing is filed with the minutes of the Board of Directors meetings. Email and other electronic measures are considered valid written consent.
Section 9. Compensation. The Executive Board of Directors may establish reasonable compensation for one (1) grower, and security for grower consisting of no more than two (2) people. Compensation shall be set at 25.00$ an hour for grower, & 20.00$ an for security.
Any changes to compensation must be approved by the patient advisory board. Any director is not precluded from serving the Corporation in any other capacity as a grower or security and therefore receiving compensation. Each director shall also be entitled to be reimbursed by the Corporation for travel expenses. No directors for either the executive board, or advisory board shall be compensated financially for work done for the company, unless said employee is working as a grower/security, all other work is considered 100% voluntary.

Article V
Officers of the Corporation
Section 1. Election of Officers. The officers shall consist of the President, Vice President, Treasurer, and Secretary and shall be appointed by the Executive Board at the annual meeting and shall serve until the next annual meeting or until their successors are appointed. A person may hold more than one office concurrently.
President. The President shall be the chief executive officer of the Corporation. The President, unless some other person is specifically authorized by the Board of Directors, shall sign all contracts of the Corporation. The President shall perform all the duties and possess such powers commonly incident to such office and shall perform other duties as may be assigned by the Board of Directors.
Vice President. The Vice President shall assist the President and shall in the event of death of the President, or of his inability from any cause to act, perform the duties of the President.
Secretary. The Secretary shall: a) keep the minutes of the Board of Directors' meetings; b) see that all notices are duly given in accordance with the provisions of these Bylaws; c) be custodian of the corporate records; and d) in general perform all duties incident to the office of Secretary and such other duties as may be assigned by the President, Vice President, or the Board of Directors.
Treasurer. The Treasurer shall have custody of all monies and securities of the Corporation; shall keep books of accounts; and shall submit them, together with all vouchers, receipts, records and other papers, to the Directors for their examination and approval as often as they may require; shall perform other duties incident to such office as may be assigned by the President, Vice President, or the Board of Directors.

Article VI
Dissolution
Upon dissolution of the Corporation, the Board of Directors shall, after paying and making provision for the payment from Corporation assets of all liabilities of the Corporation, dispose of all the remaining assets of the Corporation, for the purposes of the Corporation in such manner, or to such qualifying organization or organizations as the Board of Directors shall determine; all in accordance with the provisions of the New Mexico Nonprofit Corporation Act. Any such assets not so disposed of shall be disposed of by a court of competent jurisdiction for such purposes or to such organization or organizations, as said court shall determine.

Article VII
Fiscal Year
The fiscal year of the Corporation shall be the twelve-month period ending December 31 of each year.

Article VIII
Amendments
All bylaws of the Corporation shall be subject to alteration, amendment, or repeal, and new bylaws may be added, by the affirmative vote of the voting members of the Patients Advisory Board at any regular or special meeting.

will have comments for you in a day or two. too much to digest at the moment.

looking good, for the most part :)

Thanks to those of you that have emailed suggestions. Anyone else have some feedback?:hippy:

I think you should pay medical patients to come trim buds, but only patients who are unemployed or disabled should be eligible to be paid, patients who are better off should be able to volunteer to trim buds to help lower prices for others, and should receive all the trim they cut off the buds.

Thats another way to help patients who are really struggling, at least I think.

Thanks for the input DNP. :thumbsup:

Hows everyone else feel about that suggestion? :hippy:

that sounds allright.

Hey deming, I was looking at the purposed changes, and it says patients/doc can't be compensated. I think giving trim is ok to volunteers, or maybe a voucher towards free cannabis, but no cash.

hey guys, thought I would bumb this up for anyone thinking of starting their own Non-Profit

I originally was going to give it a whirl but due to health problems of late its simply to much.

feel free to use this as a rough guideline, I have art of inc I can send you as well.:D

Hey Mimbres, I havent been online for a long time, PM me if you know how I cant figure it out so maybe youll have better luck. I am on the board of 2 producers and I couldnt tell you a single thing about either due to the lack contact(by design Im sure) but I agree with your assesment of the industry here in NM and would love to say so to Gov. Martinez if given the opportunity. anyhow hope to haer from you.

Hi Jmon, so how does that work that you on the board but don't know the inner workings of the non profit?

Do you have any kind of idea what the producers are being compensated for in the finacial department, its supposed to be public record as they are non profits but I can not find the info anywhere and producers do not want to disclose said info.

I do have numerous applications of producers who have been approved and also my own application that was done pro bono based on other approved applications if it would be of use to anyone. I have been working with other patients in the program on a one on one basis.
I have met with 19 patients in the southern half of NM and helped them with their production, they have been documenting the costs for them to grow cannabis indoors in controlled growing enviroment to turn into the DOH. Generally ends up being about 75$ for four ounces of cured medicine.