Medical marijuana in North Carolina – Drafting glitch?

Some of the wording in the new North Carolina medical marijuana bill, SB3, seems not to work.  The bill puts two “industry representatives” named by the Governor on the “Production Commission” (proposed section 90-113.118(a)(1)b.), but then seems to make it impossible for anyone to be an industry representative on the Commission. The bill says, “Conflicts of Interest — No member of the Commission shall own, operate, have a direct or indirect financial interest in, or be employed by a licensed medical cannabis supplier, or a licensed medical cannabis testing laboratory, or a subcontractor thereof” (Proposed section 90-113.118(l)).   How can someone be an “industry representative” and not “own, operate, have a direct or indirect financial interest in, or be employed by a licensed medical cannabis supplier, or a licensed medical cannabis testing laboratory, or a subcontractor thereof”?

Am I missing something?  This kind of little technical glitch, if indeed it is one, could cause the system to freeze up before it gets started.

The quotes are from pages 9 and 10 of the latest version, https://www.ncleg.gov/Sessions/2023/Bills/Senate/PDF/S3v1.pdf.  The “representative” language first showed up in version 2 of last session’s bill, https://www.ncleg.gov/Sessions/2021/Bills/Senate/PDF/S711v6.pdf; the “conflicts” language first showed up in version 5 — but I just noticed this issue.

Would, say, a lawyer for industry qualify as a “representative”? If the lawyer were paid anything by an industry participant or applicant, she or he would be “employed by” industry, I think, and thus ineligible. And the “indirect financial interest” language is quite broad.

So maybe this issue will get cleaned up as the bill progresses.

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