"Repeatedly claiming that mCig is not licensed is not an argument. It is misleading to shareholders and is in contradiction to the facts."
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Mcig has no MJ license. Get that through youy head. At best, they have a rollies officer, that should have been reported on am 8k, with a MJ Agent Certificate. Certificates are not licenses.
Show me in the law were there is any reference to MME Licenses! THERE IS NO SUCH THING!!! Medical Marijuana Establishments are granted a Medical Marijuana Establshment (MME) Registration Certificate. Do some real DD and read the freakin law!...
NRS-435A, CHAPTER 453A - MEDICAL USE OF MARIJUANA
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NRS 453A.116 “Medical marijuana establishment” defined.
“Medical marijuana establishment” means:
1. An independent testing laboratory;
2. A cultivation facility;
3. A facility for the production of edible marijuana products or marijuana-infused products; or
4. A medical marijuana dispensary.
(Added to NRS by 2013, 3702; A 2015, 3092)
NRS 453A.117 “Medical marijuana establishment agent” defined.
“Medical marijuana establishment agent” means an owner, officer, board member, employee or volunteer of a medical marijuana establishment, an independent contractor who provides labor relating to the cultivation or processing of marijuana or the production of usable marijuana, edible marijuana products or marijuana-infused products for a medical marijuana establishment or an employee of such an independent contractor.
(Added to NRS by 2013, 3702; A 2015, 2265)
NRS 453A.118 “Medical marijuana establishment agent registration card” defined.
“Medical marijuana establishment agent registration card” means a registration card that is issued by the Division pursuant to NRS 453A.332 to authorize a person to volunteer or work at a medical marijuana establishment.
(Added to NRS by 2013, 3702)
NRS 453A.119 “Medical marijuana establishment registration certificate” defined.
“Medical marijuana establishment registration certificate” means a registration certificate that is issued by the Division pursuant to NRS 453A.322 to authorize the operation of a medical marijuana establishment.
(Added to NRS by 2013, 3702)
mCig can sell Rollies and rolling services as an independent contractor under contract as a Medical Marijuana Agent for GreenLeaf and/or other cultivators/MME's. The only requirement to obtain an MME Agent registration card is that the MME submit an application via computer. A background check is done by the state and if it isn't granted or rejected within 30 days, the agent is legally assumed to have a provisional license and can begin work. How mCig is compensated for it's services (including any terms of their contract with the cultivator) and what the end product is called are not addressed in the law.
Here's the full text of the law regarding agent's licenses. Please point out where it's restricted to "individuals". Let's see you make sense of the phrase "employed by an independent contractor" which is sprinkled throughout the statute....
NRS 453A.332 Agents required to register with Division
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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 would not 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 be done on a licensed facility, which includes both the grower and dispensaries. mCig could sell Rollies and related services as an agent of the cultivator. They can also hold agent cards from multiple cultivators and sell their raw MJ for a commission.
As for the other arguments made regarding this false claim...
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Again, AGENTS CAN'T be a business entity (like MCIG Corp). it HAS to be a person.
Under the Citizen's United U.S. Supreme Court decision, Corporations are "people" according to the law. From the Nevada Division of Public and Behavioral Health (DPBH) website...
MEDICAL MARIJUANA ESTABLISHMENTS - FAQ'S
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What about independent contractors who provide MMEs with employees--do these third-party licensees need agent cards?
Not only do the employees of independent contractors who work at MMEs need cards, but the independent contractor him or herself must also have agent card(s), per AB 70, Section 31.
as for the statement...
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Again, as a labor contractor - an AGENT ID can be registered with a specific MME Cultivator. That doesn't give them carte blanc to provide rolling services to anyone other than the MME Certificate holder.
Again from the DPBH website...
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19) Do third-party licensees have to obtain MME agent cards for each licensed location?
Persons wishing to provide labor to more than one registered MME as an independent contractor may do so, but pursuant to the law, those persons do not make application directly to the DPBH. Instead, each registered MME must submit an application for each of its independent contractors. Therefore, an independent contractor may have MME agent cards for more than one registered MME.
No one has ever said they would provide services for anyone other than the MME Certificate Holder. GreenLeaf also has a production certificate. They can produce MJ infused products at any registered facility. Dispensaries are registered facilities. Consequently as an agent under GreenLeafs production registration they can roll MJ cigarettes as a service at any dispensary and/or sell products to the dispensary acting as an agent under either GreenLeaf's cultivation or production registration. The dispensary sells products to the end user not mCig.
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why hasn't MCIG OFFICIALY PR'd that MCIG employees have acquired an AGENT ID so that the employees can be contracted out to Cultivators? Hmm, is it because MCIG employees can't get an AGENT ID because MCIG does not have an MME Certificate? You betcha...lol
Because they don't have to. They've announced that they will be selling Rollies and rolling services. If they didn't have the appropriate registrations to do so they'd be acting illegally. Why would they PR something that they are doing illegally? Readers are expected to have some common sense.
The contention that mCig will only conduct business in accordance with Federal law is a misrepresentation of a statement in one of Rishel's posts. mCig, like all other establishments involved in the sale of Medical Marijuana, will not violate federal law where such violations would lead to prosecution. In other words they will not sell MJ across state lines.
Repeatedly claiming that mCig is not licensed is not an argument. It is misleading to shareholders and is in contradiction to the facts.
Trade on your terms at E*TRADE.
Les
