Navigating the world of business licenses, especially in the evolving cannabis industry, can be daunting. You may have questions about your eligibility, especially if you have a criminal history. Let's dive into the current Minnesota laws to better understand the criteria and see where you stand.
The Basics:
Criminal History and Your Application:
Under HF100, the Office of Cannabis Management ("OCM"), was directed to create rules that disqualify individuals from holding a license for a cannabis business for having a felony record, but they haven’t created those rules yet. In other words, we don't know yet exactly which felonies on a person's record would disqualify a person from holding a license for a cannabis business.
However, HF100 does explicitly provide that "the office shall not disqualify a person for a violation of section 152.025," meaning that fifth-degree felonies for possession and sale of controlled substances will not be disqualifying. That's good news. Minnesotans with misdemeanor convictions can also feel confident that they will not be disqualified from holding a license.
Risk of Harm:
While Minnesota law allows the OCM to create disqualification rules based on felonies, it also gives individuals a chance. If someone might be ruled out due to a felony, they can still put forward an application by proving they don't pose a “risk of harm”. So even if you are banned by a future OCM rule, you may still be eligible for a cannabis license if you can prove you are not a risk.
Still, it's essential to understand that while the state has its regulations, local governments also have a say. They can give feedback on an application, especially concerning risk factors such as the proposed location or any public information about an applicant.
As of Now, Who Can’t Apply?
Some restrictions apply based on profession. For example, state agency employees involved in cannabis regulation, police officers, and health care practitioners who certify medical cannabis patients cannot hold a license.
Conclusion:
If you're considering starting a cannabis business in Minnesota and are concerned about a felony charge, don't write it off yet. As of October 18, 2023, the OCM has yet to set specific rules that explicitly restrict individuals with certain criminal backgrounds from obtaining a license for a cannabis business. However, always be prepared to demonstrate your commitment to running a safe and compliant business, especially if your past might raise eyebrows. And remember, local sentiments and opinions could play a part in the process. Stay informed and consider seeking legal advice tailored to your specific situation. In addition, if your charge might be eligible for expungement, this would be a good time to explore that process.
