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 marijuana establishment as a marijuana establishment agent unless the person is registered with the Department pursuant to this section.
2. A person who wishes to volunteer or work at a marijuana establishment shall submit to the Department an application on a form prescribed by the Department. The application must be accompanied by:
(a) The name, address and date of birth of the prospective marijuana establishment agent;
(b) A statement signed by the prospective 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 marijuana establishment agent asserting that he or she has not previously had a medical marijuana establishment agent registration card or marijuana establishment agent registration card revoked;
(d) An application fee not to exceed $75; and
(e) Such other information as the Department may require by regulation.
3. A person who wishes to contract to provide labor to or be employed by an independent contractor to provide labor to a marijuana establishment shall submit to the Department an application on a form prescribed by the Department for the registration of the independent contractor and each employee of the independent contractor who will provide labor as a marijuana establishment agent. The application must be accompanied by:
(a) The name, address and, if the prospective marijuana establishment agent has a state business license, 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 marijuana establishment agent who will provide labor as a marijuana establishment agent;
(c) A statement signed by the prospective 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 marijuana establishment agent asserting that it has not previously had a marijuana establishment agent registration card or medical marijuana agent registration card revoked and none of its employees who will provide labor as a marijuana establishment agent have previously had a medical marijuana establishment agent registration card or marijuana establishment registration card revoked;
(e) An application fee not to exceed $75 for the prospective marijuana establishment agent and for each employee of the prospective marijuana establishment who will provide labor as a marijuana establishment agent; and
(f) Such other information as the Department may require by regulation.
4. The Department may conduct any investigation of a prospective marijuana establishment agent and, for an independent contractor, each employee of the prospective marijuana establishment agent who will provide labor as a marijuana establishment agent, that the Department deems appropriate. In connection with such an investigation, the Department may:
(a) Conduct or accept any background check the Department determines to be reliable and expedient to determine the criminal history of the prospective marijuana establishment agent or the employee;
(b) Require a prospective marijuana establishment agent, if a natural person, and each employee of a prospective marijuana establishment agent who will provide labor as a marijuana establishment agent to submit to the Department a complete set of fingerprints and written permission authorizing the Department 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; and
(c) If the Department imposes the requirement described in paragraph (b), submit the fingerprints of the prospective marijuana establishment agent and each employee of the prospective marijuana establishment agent who will provide labor as a marijuana establishment agent to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
5. A marijuana establishment shall notify the Department within 10 days after a marijuana establishment agent ceases to be employed by, volunteer at or provide labor as a marijuana establishment agent to the marijuana establishment.
6. A person who:
(a) Has been convicted of an excluded felony offense; or
(b) Is less than 21 years of age,
shall not serve as a marijuana establishment agent.
7. The provisions of this section do not require a person who is an owner, officer or board member of a marijuana establishment to resubmit information already furnished to the Department at the time the establishment was registered with the Department.
8. If an applicant for registration as a 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 Department 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 marijuana establishment agent, a marijuana establishment agent registration card. If the Department does not act upon an application for a marijuana establishment 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 Department acts upon the application. A 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 a renewal fee not to exceed $75.
9. A marijuana establishment agent registration card issued pursuant to this section to an independent contractor or an employee of an independent contractor authorizes the independent contractor or employee to provide labor to any marijuana establishment in this State.
10. A marijuana establishment agent registration card issued pursuant to this section to a person who wishes to volunteer or work at a marijuana establishment authorizes the person to volunteer or work at any marijuana establishment in this State for which the category of the marijuana establishment agent registration card authorizes the person to volunteer or work.
11. Except as otherwise prescribed by regulation of the Department, an applicant for registration or renewal of registration as a marijuana establishment agent is deemed temporarily registered as a marijuana establishment agent on the date on which a complete application for registration or renewal of registration is submitted to the Department. A temporary registration as a marijuana establishment agent expires 30 days after the date upon which the application is received.
(Added to NRS by 2019, 2335, effective January 2, 2020)