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In the United States, CBD is legal at the federal level. That means it can be produced and distributed across the country as long as it’s made with USDA-certified hemp. Yet, some states have more stringent laws than others, particularly when it comes to THC levels. The vast majority of states are friendly towards CBD products, though.
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To begin with, they use only the best possible ingredients to formulate their broad-spectrum CBD oil, which strikes a balance between giving consumers the benefits of the “entourage effect” while avoiding the potential risks of THC.
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Incorporating a medical marijuana dispensary as an Arizona nonprofit corporation has two advantages. First, it provides a layer of protection between the directors of the corporation and the organization. Second, it helps to establish that the dispensary is operated on a purely nonprofit basis.
In addition to incorporating as nonprofit corporations, dispensaries will want to take extra care in documenting their business expenses and compensation decisions to eliminate any question regarding whether profits are being distributed to insiders.
Following initial reports that the measure had failed, officials announced Sunday that Arizona voters approved Proposition 203, a measure that will legalize medical marijuana, by a razor thin margin of 4,300 votes. As of last week, the Arizona Corporation Commission was rejecting articles of incorporation that spelled out an intent to operate as a medical marijuana dispensary because the law had not passed. They will now hold the articles that are filed until the law goes into effect sometime in December.
As we have pointed out before, Proposition 203 requires medical marijuana dispensaries to be formed as nonprofit entities but does not require that they incorporate or that they operate on a tax-exempt basis. Accordingly, we expect most dispensaries to operate as nonprofit corporations that are taxed as for-profits to avoid the burdensome restrictions applicable to tax-exempt organizations.
All of those considering starting a dispensary should be warned that Marijuana is still a controlled schedule I substance and is illegal in the eyes of the Federal Government of the United States. The Department of Justice’s internal policy is not to prosecute medical marijuana crimes; however, that policy could change at any time. This means that if you operate a dispensary there is always a risk that you will be arrested for a violation of federal law even if the activity is legal under Arizona law.