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Re: MD-420 post# 74289

Saturday, 07/16/2016 2:53:01 PM

Saturday, July 16, 2016 2:53:01 PM

Post# of 112680

The only reference to contractors appears to refer to officers of an establishment for listing on the establishment agency license.



Officers of an Establishment??? Nice try. Let's see it in the statute. Let's see you make sense of the phrase "employed by an independent contractor" which is sprinkled throughout the statute. Here's the whole section on Agent Licenses. Please point out where it's restricted to "officers of an establishment"...

leg.state.nv.us/nrs/NRS-453A.html[tag]
NRS 453A.332 Agents required to register with Division[/tag]


NRS 453A.332 Agents required to register with Division; requirements for registration; establishment required to notify Division if agent ceases to be employed by, volunteer at or provide labor at establishment; expiration and renewal of registration.
1. Except as otherwise provided in this section, a person shall not volunteer or work at, contract to provide labor to or be employed by an independent contractor to provide labor to a medical marijuana establishment as a medical marijuana establishment agent unless the person is registered with the Division pursuant to this section.
2. A medical marijuana establishment that wishes to retain as a volunteer or employ a medical marijuana establishment agent shall submit to the Division an application on a form prescribed by the Division. The application must be accompanied by:
(a) The name, address and date of birth of the prospective medical marijuana establishment agent;
(b) A statement signed by the prospective medical marijuana establishment agent pledging not to dispense or otherwise divert marijuana to any person who is not authorized to possess marijuana in accordance with the provisions of this chapter;
(c) A statement signed by the prospective medical marijuana establishment agent asserting that he or she has not previously had a medical marijuana establishment agent registration card revoked;
(d) A complete set of the fingerprints and written permission of the prospective medical marijuana establishment agent authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(e) The application fee, as set forth in NRS 453A.344; and
(f) Such other information as the Division may require by regulation.
3. A medical marijuana establishment that wishes to contract with an independent contractor to provide labor as a medical marijuana establishment agent shall submit to the Division an application on a form prescribed by the Division for the registration of the independent contractor and each employee of the independent contractor who will provide labor as a medical marijuana establishment agent. The application must be accompanied by:
(a) The name, address and, if the prospective medical marijuana establishment agent has a state business registration, the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS;
(b) The name, address and date of birth of each employee of the prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent;
(c) A statement signed by the prospective medical marijuana establishment agent pledging not to dispense or otherwise divert marijuana to, or allow any of its employees to dispense or otherwise divert marijuana to, any person who is not authorized to possess marijuana in accordance with the provisions of this chapter;
(d) A statement signed by the prospective medical marijuana establishment agent asserting that it has not previously had a medical marijuana establishment agent registration card revoked and that none of its employees who will provide labor as a medical marijuana establishment agent have previously had a medical marijuana establishment agent registration card revoked;
(e) A complete set of the fingerprints of each employee of the prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent and written permission of the prospective medical marijuana establishment agent and each employee of the prospective medical marijuana establishment agent authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(f) The application fee, as set forth in NRS 453A.344; and
(g) Such other information as the Division may require by regulation.
4. A medical marijuana establishment shall notify the Division within 10 days after a medical marijuana establishment agent ceases to be employed by, volunteer at or provide labor as a medical marijuana establishment agent to the medical marijuana establishment.
5. A person who:
(a) Has been convicted of an excluded felony offense; or
(b) Is less than 21 years of age,
Ê shall not serve as a medical marijuana establishment agent.
6. The Division shall submit the fingerprints of an applicant for registration as a medical marijuana establishment agent to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of the applicant.
7. The provisions of this section do not require a person who is an owner, officer or board member of a medical marijuana establishment to resubmit information already furnished to the Division at the time the establishment was registered with the Division.
8. If an applicant for registration as a medical marijuana establishment agent satisfies the requirements of this section and is not disqualified from serving as such an agent pursuant to this section or any other applicable law, the Division shall issue to the person and, for an independent contractor, to each person identified in the independent contractor’s application for registration as an employee who will provide labor as a medical marijuana establishment agent, a medical marijuana establishment agent registration card. If the Division does not act upon an application for a medical marijuana establishment agent registration card within 30 days after the date on which the application is received, the application shall be deemed conditionally approved until such time as the Division acts upon the application. A medical marijuana establishment agent registration card expires 1 year after the date of issuance and may be renewed upon:
(a) Resubmission of the information set forth in this section; and
(b) Payment of the renewal fee set forth in NRS 453A.344.
(Added to NRS by 2013, 3707; A 2015, 2265)



As an agent, mCig wouldn't formally buy product and resell it. Technically they would just be passing through money's collected to the cultivator. However, the end result is the same. mCig would negotiate with the cultivator how much compensation they get for their service and keep whatever markup over and above what the cultivator wants for it's raw MJ as commission. The only requirement is that all production needs to done on a licensed facility, which includes both the grower and dispensaries.

...as for...

My eyes hurt from reviewing legal language all morning.



Maybe you're trying too hard to find something that isn't there.

Les