Pollen Theory C.H.R.A.

Membership Policy

ABOUT POLLEN THEORY C.H.R.A.

Pollen Theory C.H.R.A. is a cannabis harm reduction association (hereinafter referred to as the “Association”) whose purpose is to cultivate the plant cannabis in Malta exclusively for the Association’s members in a collective manner and to distribute the plant cannabis to the Association’s members in Malta according to the limits set by the Association in terms of applicable law as updated from time to time.

It is also vital for the Association to promote harm reduction from the use of cannabis among the Association’s members whilst ensuring that the Association’s members are respected, are provided with sufficient information, are provided with an avenue to access harm-reduction information (not solely on cannabis harm-reduction), support, and access to a venue where they can meet other members during talks, conferences, discussions, group sessions, etc.

OUR VISION

The Association’s vision is to have hundreds of members who are well-informed and participating in the Association whilst having a safe access to cannabis according to standards set upon the Association according to law.

OUR MISSION

The Association’s mission is to strengthen its members through adequate information on cannabis as well as harm-reduction in a safe environment.

OUR VALUES AND PRINCIPLES

  • The Association believes that the Association and its members can develop awareness and mentality in so far as cannabis and harm-reduction is concerned;
  • The Association is set up as a non-profit association;
  • The Association shall have no political affiliation and does not indulge in party politics;
  • The Association shall operate fully within the parameters as set by law and local authorities;
  • Being open to suggestions from the Association’s members;
  • Being committed to providing truthful and updated information on harm-reduction;

WHY POLLEN THEORY C.H.R.A. MEMBERSHIP?

When a member joins the Association, they become part of a local association where cannabis can be provided in a safe environment since this is grown locally by the Association at the prices as transparently communicated by the Association whilst being in an environment where harm-reduction is promoted, encouraged, and prioritised by the Association.

By joining the Association you will:

  • Be part of a local community of informed members in so far as cannabis is concerned;
  • Connect with a diversity of members dedicated to (1) the safe recreational use of cannabis; (2) further increasing their understanding and awareness in harm-reduction;
  • Work collaboratively with the Association and its members to improve the Association for the benefit of current members, prospective members, and society as a whole.

Section 1 – ADMISSION OF MEMBERS TO THE ASSOCIATION

Individuals of all kinds, public or private, who so desire and meet the criteria and conditions in terms of the Statute may be members of the Association.

The occurrence of any of the following conditions shall act as disqualifications for an individual to become a member of the Association:

  • Not being residents of Malta;
  • Being in the previous ten (10) years interdicted by order of any court in Malta in accordance with the provisions of the Criminal Code Chapter 9 of the Laws of Malta or abroad under laws of equivalent effect;
  • Being convicted in the previous ten (10) years of any offence under the Dangerous Drugs Ordinance (Chapter 101 of the Laws of Malta) or the Medical and Kindred Professions Ordinance (Chapter 31 of the Laws of Malta) or any subsidiary legislation thereunder;
  • Being convicted in the previous ten (10) years of any offence involving any offence involving the possession, supply, production, and importation of illegal drugs by any court in Malta or abroad;
  • Being convicted in the previous ten (10) years of any offence involving money laundering or the funding of terrorism;
  • Being an undischarged bankrupt;
  • Not being eighteen (18) years of age;
  • Not sharing the aims and objectives of the Association;
  • Having current substance abuse issues or other addiction issues;
  • Exhibiting any conduct deemed harmful to the Association and/or its members;

Any individual who desires to become a member in the Association shall be obliged to download a mobile application and proceed with the application process including, inter alia, submitting required information and answering onboarding questions, uploading documentation (such as identity card and/or passport and/or driving licence) through the mobile application and effecting membership payment. During onboarding, the Association’s mobile application, the prospective member shall be presented with electronic copies of the Statute and of the Membership Policy and any other material as determined by the Association from time to time.

A prospective member shall declare at application stage through the online application on the Association’s mobile application of being aware of and having read the Association’s latest Statute and of its latest Membership Policy as well as other Association documents and/or procedures as determined and included from time to time.

Once an application is submitted by an individual desiring to become a member in the Association, the Association shall vet each application through its staff according to the Association’s updated Membership Policy and internal policies and procedures.

In the event that the Association have any further queries for the prospective member, the Association may contact the prospective member accordingly to request the applicable information and/or documentation.

Once an application is vetted by the Association’s employees and no grounds for rejection are found by the respective employees, the Board of Administrators shall be presented with a list of prospective members for final approval.

In the event that the Association’s employees determine that a prospective member’s application shall be refused, a detailed explanation/report shall be provided by the President to the Board of Administrators for a final decision to be taken on such application.

In the event that the Board of Administrators determine that a prospective member’s application shall be refused, the Association’s relevant employees shall contact the relevant prospective member accordingly and inform him of the application’s rejection.

In the event that the Board of Administrators accept a prospective member’s application, the Association’s relevant employees will inform the relevant prospective member and the member’s details to be added adequately in the members’ register.

Each member shall be obliged to pay upfront a membership fee of five Euro (€5) every month. During the first (1st) year members are required to renew the membership fee every quarter (1/4). Should the payment not be received within 3 days from each quarterly period the member will automatically be removed from being an active member and shall be placed on a waiting list. From the second (2nd) year the membership fee shall be payable annually in advance.

Any of the occurrences in terms of Section 1(2) of this Membership Policy in relation to an existing member of the Association will lead to the immediate termination of the relevant member’s membership from the Association. In the event that the Association possesses material proof of any of the disqualifications in terms of Section 1(b), the Association shall deliver a written membership termination letter to the member within three (3) days from the Association becoming aware of such grounds of disqualification.

In the event that the Association requires information and/or documentation before reaching a decision as to whether a member is disqualified from being a member of the Association in terms of the grounds in Section 1(b) of the Membership Policy and Article 14(b) of the Statute, a hearing shall be set up according to the terms of Section 2 of the Membership Policy and Article 15 of the Statute (including a right of appeal in the process too).

Once a prospective member of the Association is onboarded, the member’s profile on the Association’s mobile application shall be created through which the member shall be able to access updated monthly consumption records; obtain information on the Association’s past products, available products and prospective products by the Association; being able to pre-book and book products from the Association; being able to submit suggestions to the Association including requesting particular strains of cannabis; having access to pricing of available cannabis; having available information on different cannabis strains; having available online material on harm-reduction; having access to an online forum for the Association’s members to be able to discuss; to receive push notifications; to receive updates relating to opening hours; to receive updates relating to the General Meeting of the Association; being able to request a self-exclusion and to terminate a self-exclusion; etc.

Section 1.1 – MEMBERSHIP CONDITIONS & STATUS

Members of the Association shall be entitled to purchase cannabis directly from the Association. In the event that a member does not effect any purchases through the Association for a period ranging four (4) weeks or more, the Association reserves the right to alter the status of the member’s membership to “inactive”.

If a member’s membership status is altered to “inactive” by the Association in view of the preceding clause, then the member shall be placed on a waiting list.

Membership statuses can vary depending on multiple conditions as duly stipulated in this Membership Policy. Memberships are subject to a three-fold status process as follows:

  • Registered Member (Inactive): At this stage, the prospective member is placed on a waiting list. In order to register successfully and be placed on the waiting list, prospective members shall provide personal details (as requested by the Association) and submit copies of their personal identification documents (as requested by the Association). Once vetted and approved, the prospective member shall physically visit the Association’s shop in order to pay the membership fee. Once the membership fee is paid, the member shall activate the Member Profile via the Association’s mobile application.
  • Member – (Pending Payment)
  • Member – (Active)

Section 2 – SANCTIONS AGAINST MEMBERS

Members may be sanctioned by the Association for repeatedly infringing the Statute (as updated from time to time) or the Membership Policy (as updated from time to time).

The non-payment of the annual membership fee will be grounds for sanction (including loss of membership) as determined by the Association.

The occurrence of any of the events in Section 1(b) of the Membership Policy and Article 14(b) of the Statute will be grounds for suspension of membership for an Association member.

The following occurrences shall also be grounds for termination of membership for an Association’s Member:

  • The inactivity of a Member through the Association’s mobile application for two (2) consecutive months through lack of use;
  • A Member does not visit the Association’s premises for two (2) consecutive months;
  • A Member does not attend any harm reduction events or sessions hosted by the Association consecutively for three (3) times;
  • Discovery that Member joined the Association on behalf of another individual or to acquire cannabis from the Association to thereafter re-sell to third parties.

Sanctions may range from the suspension of rights (ranging from fifteen (15) days to one (1) month) to termination of membership from the Association or any other sanction introduced by the Association. Provided that the Association may prior to imposing a particular sanction be able to provide a rectification period of up to fifteen (15) days for the member to rectify his/her actions and avoid the imposition of sanctions by the Association. The granting of a rectification period by the Association to a Member shall only be at the Association’s discretion.

The Association’s President shall open investigations to clarify alleged breaches by Association’s members and shall present a report to the Board of Administrators with information and/or documentation on the alleged infringement and proposed sanction against the relevant member.

Once the Board of Administrators are in receipt of the report from the President in terms of Article 15(g) of the Statute (Section 2(f) of the Membership Policy), the relevant member shall be provided with an opportunity for a hearing for the member to argue against the imposition of a sanction against him/her. The hearing may occur either through a physical meeting or an online meeting.

Time frames for the meeting shall be decided by the Association and notified to the applicable member.

The member shall be entitled to receive in writing details as to the alleged infringement and the potential sanctions that may be awarded against the relevant member by the Association.

A notice of at least seven (7) days shall be provided by the Association to the member prior to a hearing. The member shall be entitled to one (1) opportunity to postpone the date set by the Association for the hearing. In such case, the Association shall provide an alternative date for the hearing.

The notice to the member regarding a hearing in terms of this Section 2 (Article 15 of the Statute) shall be delivered by the Association by registered post, email (with receipt notification) or through the Association mobile application.

In the event that the member does not attempt to postpone the date of the hearing or does not attend the set hearing, the Board of Administrators shall be entitled to deliberate and vote on the alleged infringement by the member and on the sanction, if any, to be awarded to the relevant member.

Decisions by the Board of Administrators require a 50% + 1 vote.

Once a vote is taken by the Association, the Association shall notify the relevant member of the Association’s decision as to the alleged infringement and the potential sanction against the relevant member within three (3) days from the decision of the Board of Administrators. The decision shall be delivered by the Association in writing to the relevant member through registered post, email (with receipt notification) or through the Association mobile application.

In the event that the Board of Administrators determines and decides that the relevant member was at fault and awards a sanction to the member, any expenses incurred by the Association relating to the hearing, including the cost of communications sent by the Association to the member by registered post if any, shall be charged to the relevant member.

A member whose membership with the Association is terminated shall not be allowed at the Association’s premises and resistance by a terminated member to leave the Association’s premises will be neutralised in manners permitted by law through the Association’s staff or through police support.

A member whose membership with the Association is terminated shall have his account on the Association’s mobile application immediately terminated and with access revoked.

Section 3 – RIGHTS OF MEMBERS

The Members of the Association shall throughout their membership with the Association be entitled to the following rights:

  • To participate in activities organised by the Association and in the activities in which the Association participates.
  • Having a profile on the Association’s mobile application with a number of functionalities on the Association’s mobile application which may include inter alia the following:
    • Accessing monthly consumption records;
    • Obtaining information on the Association’s past, current, and prospective cannabis products;
    • Obtaining pricing information on the Association’s past, current, and prospective cannabis products (where possible);
    • Obtaining information (including pricing) on the Association’s prescribed goods;
    • Being able to pre-book and book cannabis and/or permitted goods from the Association;
    • Being able to pay membership fees;
    • Being able to pay through the mobile application for booked cannabis and/or permitted goods;
    • Submitting suggestions to the Association;
    • Requesting/Suggesting particular strains of cannabis;
    • Having available information on different cannabis strains;
    • Having online material on cannabis harm-reduction and general harm-reduction on other substances;
    • Having access to an online forum to discuss with other Association members;
    • Being able to receive push notifications from the Association;
    • Receiving updates relating to opening hours of the Association’s premises;
    • Receiving updates relating to the General Meeting of the Association;
    • Being able to access information relating to self-exclusion;
    • Being able to self-exclude and terminate a self-exclusion with the Association according to the terms set by the Association for self-exclusions;
    • Being able to terminate membership with the Association;
  • To receive truthful and updated information from the Association regarding information and data relating to cannabis and cannabis available at the Association’s premises for the Members as well as information relating to the properties of cannabis, the derivatives of cannabis, forms of consumptions, effects of consumption, risks, and damages that can result from the consumption of cannabis, etc.
  • To receive truthful and updated information from the Association regarding cannabis harm-reduction as well as general harm-reduction from other substances.
  • To obtain updated consumption records from the Association at any time.
  • To request at any time to terminate membership with the Association via email (through ______________) and at the Association’s premises;
  • To request at any time to self-exclude himself/herself from purchasing cannabis or to set a purchasing limit with the Association in line with the Association’s policies as updated from time to time;
  • To request at any time to terminate a self-exclusion from purchasing cannabis with the Association in terms of the applicable Association policies as updated from time to time;
  • To participate in harm-reduction activities organised by the Association;
  • To be informed by the Association about referral programs for cases of problematic or abusive cannabis use;
  • To purchase permitted goods from the Association (as allowed in terms of law as updated from time to time);
  • To be presented with a copy of the most recent statement of income and expenses accounts of the Association (at the member’s charge);
  • To be informed of a prospective General Meeting of the Association;
  • To exercise the right to speak in the General Meeting of the Association;
  • To exercise the right to vote in the General Meeting of the Association;
  • To participate in accordance with the Statute (as updated from time to time) in the management bodies of the Association, being an elector and eligible for such position.
  • To be listed as a member in the members’ register of the Association;
  • To receive a copy of the Statute and relevant Policies and/or Procedures of the Association (at the member’s cost);
  • To be heard in writing prior to the adoption of disciplinary measures and to be informed of the causes that motivate such disciplinary measures which can only be based on a breach of the Statute (as updated from time to time) or of the Membership Policy (as updated from time to time) or of any other documents which may affect the member’s membership within the Association.
  • To propose recommendations/suggestions to the Association by submitting written recommendations to the Board of Administrators.
  • To submit complaints to the Association in terms of the applicable policies of the Association

Section 4 – RESTRICTIONS FOR MEMBERS

  • Consumption of purchased cannabis from the Association shall not be undertaken in any of the Association’s premises.
  • Consumption of purchased cannabis from the Association shall not be undertaken in a way that may cause harm to third parties, especially minors.
  • Members shall not be entitled to re-sell cannabis purchased from the Association to any other individual (whether such individual is a member of the Association or otherwise);
  • Members shall not be entitled to become members of the Association on behalf of other individuals;
  • Members shall not be entitled to purchase cannabis from the Association on behalf of other individuals.
  • Members shall advise the Association in the event that any of their details as registered and retained by the Association included in the Association’s membership register are amended in order for these details to remain updated at all times.
  • No Association Members shall attempt to assist, aid, or otherwise enable individuals who are not members to enter in the premises owned or operated by the Association.
  • The Association’s members shall refrain from carrying within the premises owned or operated by the Association any drugs or alcoholic beverages.
  • The Association’s members shall not unpack any cannabis and/or unsterilised seeds acquired from the Association whilst within the premises owned or operated by the Association.
  • The Association’s members shall refrain from transporting the cannabis and/or unsterilised seeds acquired from the Association in packaging other than the packaging in which the cannabis and/or unsterilised seeds as applicable is provided by the Association to the Association’s members in order to avoid the possibility of tampering with the contents within the packaging.
  • The Association’s members shall pay the bi-yearly membership fees as established by the Association from time to time.
  • The Association’s members shall adhere to the Association’s Membership Policy (as updated from time to time) and to the Statute (as updated from time to time) and to any other documents that affects the Association’s members (including inter alia the Association’s Anti-Money Laundering Policies/Procedures).
  • The Association’s members shall be obliged to provide updated information and/or documentation including source of funds and/or source of wealth for any monies to be paid by a member to the Association.
  • Any breaches of Article 13 of the Statute or of Section 4 of this Membership Policy might lead to sanctions from the Association including termination of membership.

Section 5 – OPENING HOURS

The Association shall be open to its members in accordance with the opening hours outlined hereunder:

  • Monday to Friday
    • 08:30am – 12:00pm
    • 16:00pm – 20:30pm

Section 6 – CONDITIONS RELATIVE TO STOCK

The Association undertakes to ensure that adequate stock is available for all registered members of the Association. That said, the Association does not exclude the possibility of low stock due to unforeseen circumstances which are outside the sphere of control of the Association.

In the event that the Association becomes aware that there may be a potential shortage of stock prior to the subsequent harvest, the Association undertakes to inform all its members via the APP immediately upon becoming aware of the potential shortage. The notice issued to all members may include further notices including but not limited to reduced opening hours due to stock limitation.

If the Association is faced with a shortage of stock, the Association shall handle the remaining stock on a first come first serve basis and therefore members do not have the right to reserve limited stock from the Association.

Where the Association is unable to provide stock to members who have valid and paid memberships, the Association undertakes to automatically extend the said memberships for the duration in which the Association fails to supply stock to its members.