Californians Helping to Alleviate Medical Problems, Inc. - Page 4




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          Corp. Code secs. 5110-6910. (West 1990).3  Its articles of                  
          incorporation stated that it “is organized and operated                     
          exclusively for charitable, educational and scientific purposes”            
          and “The property of this corporation is irrevocably dedicated to           
          charitable purposes”.  Petitioner did not have Federal tax-exempt           
          status, and it operated as an approximately break-even (i.e., the           
          amount of its income approximated the amount of its expenses)               
          community center for members with debilitating diseases.                    
          Approximately 47 percent of petitioner’s members suffered from              
          Acquired Immune Deficiency Syndrome (AIDS); the remainder                   
          suffered from cancer, multiple sclerosis, and other serious                 
          illnesses.  Before joining petitioner, petitioner’s executive               
          director had 13 years of experience in health services as a                 
          coordinator of a statewide program that trained outreach workers            
          in AIDS prevention work.                                                    
               Petitioner operated with a dual purpose.  Its primary                  
          purpose was to provide caregiving services to its members.  Its             
          secondary purpose was to provide its members with medical                   
          marijuana pursuant to the California Compassionate Use Act of               
          1996 and to instruct those individuals on how to use medical                
          marijuana to benefit their health.  Petitioner required that each           

               3 Under California law, public benefit corporations are                
          organized for a public or charitable purpose; they are not                  
          operated for the mutual benefit of their members but for a                  
          broader good.  See Knapp v. Palisades Charter High School,                  
          53 Cal. Rptr. 3d 182, 186 n.5 (Ct. App. 2007).                              






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Last modified: November 10, 2007