Feedback Needed on Producer Application,

[MimbresValley]

MimbresValley in the House!!!! wooot wooot!!!
I would love to hear some recommendations from other patients as to what they would like to see from me, if I was to become a producer!!

I have decided to throw my hat in the producer ring.wooot wooot!!!
I originally didn't want to be a producer, but if I get in this game, and the other producers see me doing things different maybe they will follow suite.
Plus they would probably be more likely to take advice from me, once they see me doing what I know how to do.

I want the program to succeed here in NM, and me telling other producers they should lower their price, def is not the way. Hell if they are just learning to grow, and they tried to cut prices they might go out of business.

Hopefully enough patients will jump on board, I will probably need some signatures supporting this model since it is so different that the other models currently out there.
I am not saying other producers should follow this model, this is just what I feel is right.

I do need help to make this happen, it could be as simple as a signature supporting this model from fellow patients, or making a suggestion as to how to improve the current system.
If you guys want a change, I am here to help, so lets make this happen!

Somethings that set my application apart from others are, only 2 people are paid within the company, the grower, and his security guard.
No board members are to be financially compensated, regardless if the president, or a simple patient on the board.(other than cost of gas)

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 expense for them too look over, to see where the money is going.

I can not say exactly how much expenses will be, but I would hope to be able to do grams for at least 6.00$ and if I somehow can't, everyone will have an expense report to see where the cash is going.

MimbresValley Reviewed by MimbresValley on 10-22-2010. Feedback Needed on Producer Application, MimbresValley in the House!!!! wooot wooot!!! I would love to hear some recommendations from other patients as to what they would like to see from me, if I was to become a producer!! I have decided to throw my hat in the producer ring.wooot wooot!!! I originally didn't want to be a producer, but if I get in this game, and the other producers see me doing things different maybe they will follow suite. Plus they would probably be more likely to take advice from me, once they see me doing Rating: 5

[DrBreeze]

That sounds good and all but you need to know allllll of your limitations before you can implement "customer input". If I had a dollar for every person I have seen talking about reform from the outside looking in, I would be rich.

I wish you the best,but you need to come off a little more professional than you have in the past , if your going to be part of the ongoing expansion of this industry. The ONLY way we can have a fair priced, non-profit MM, is if it is monitored by a third party with no interest in the company.

Again, sounds good and all, but it's smoke and mirrors until the "ball actually starts to roll."

[MimbresValley]

Well I am all for reform, but you are correct, its hard to take into consideration everything that may come up when you are on the outside looking in, and that is why I decided to apply.
I don't really understand your smoke and mirror analogy, but thanks for your input regardless.

[DrBreeze]

The reference was to the same strategy that politicians take, "Look what I can do for YOU", but in the end they are limited to their abilities to do anything more than cash a paycheck.

Yeah, don't take it as me shooting you down (as you have not), take it as one of the "proof is in the pudding" more than anything else. Best thing you could do to help is to go in 100% and for the right reasons, and then offer the best you can do within your limitations.:hippy:

[MimbresValley]

Articles of Incorporation and ByLaws determine how a company is to be operated am I not correct, so having the points I mentioned included in the framework of the company will set the company up in a way that it is providing cannabis at the cheapest possibly price to the patients of NM.
Another thought I had is, 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.

[DrBreeze]

[B]Doc, what do you think of my idea, about the bylaws, and art of incorp??
Having the patients have to approve any changes. does't this sound like a good set up checks and balances?
[/SIZE]

You have the right idea, but there is still a Huge gray area of choices and investments. What your outlining would be more beneficial in a LLC or S Corporation, IMO. I have been investigating the options for a while and have been dumbfounded by the over and under regulation of the current business outline that NM has outlined.

What you propose would be a breath of fresh air for the industry and has been a goal for Many investors in CA and CO for years, But with all things medical, somebody wants their hand in the jar. ("The Man") I'm not a lawyer, but a good would would be very beneficial for you to look into before a partially blindfolded leap head first. GL

[MimbresValley]

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 15.00$, and changes to compensation must be approved by the 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.

CERTIFICATION
These Bylaws were approved at a meeting of the Executive Board of Directors by a unanimous vote on ____________ ___, 2010.



__________________________________________________ ___________ Secretary Date

[MimbresValley]

If anyone is interested in making this happen, you can also contact me from the contact info listed on my profile.

[MimbresValley]

I decided to post this up for a couple reasons, 1st I will probably be leaving back to hawaii within a year, 2nd this framework may help someone else who is possibly thinking about getting involved and is just looking to get started, and may motivate others to get started.
3rd. I want 100% transparency, in this model people know what they are getting, and how much it is costing them to produce it.:thumbsup:
And In a sense this will be by the patients for the patients, that is if anyone contributes ideas other than myself.
=)

[shmedy]

Hey, nice work. Looks good. I have a couple quick questions just outta curiosity. Who would help with harvest? Volunteers? Also, who would do the actual distribution? Thanks.