Can You Get a Cannabis Business License if You're a Convicted Felon?


News broke lately that notorious couple Vili Fualaau and Mary Kay Letourneau are parting methods after greater than 20 years collectively. Rumors have been flying via the media that the rationale for the cut up is because of Fualaau’s need to enter the cannabis trade as a licensed distributor for a firm referred to as Cigaweed, LLC, which produces cannabis pre-rolls.



Letourneau had a very public trial and conviction in 1997 of two counts of felony second-degree rape of a baby, her then-12-year previous scholar Fualaau (the couple married in 2005). Washington state’s marijuana regulation requires that anybody coming into the cannabis trade should topic themselves to a background test. Their partner can also be required to bear a background test, no matter whether or not or not they've a vested curiosity within the enterprise.





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This made us surprise: What occurs if you’re trying to enter the authorized cannabis trade and your associate (romantic or in any other case) is a convicted felon?


Leafly reached out to Seattle cannabis lawyer Aaron Pelley, who works with Northwest Marijuana Law, to get a authorized perspective on the query.


“To be quite honest,” Pelley responded, “I’m confused as to why they’re separating because it’s been longer than 10 years since her conviction.”


Pelley additional defined, “The rule is 10 years. When you’re applying [to enter the cannabis industry], you have to report any past convictions. A felony conviction is worth 12 points, a misdemeanor is worth three points, and anything over eight points gets you automatically disqualified.”





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A conviction, felony or misdemeanor, isn't essentially an computerized disqualification. “I have clients with multiple felonies and misdemeanors who have licenses, but [their crimes] happened in the 70s and 80s,” Pelley stated.


For these with previous drug convictions, that is notably related. As extra states legalize cannabis, previous cannabis convictions can come again to hang-out somebody trying to get licensed. Recently, Marley Natural joined forces with the Minority Cannabis Business Association for the Rise Up campaign, which helps these with previous cannabis convictions get their information expunged in Washington state. (Both Marley Natural and Leafly are owned by Privateer Holdings.)





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Pelley knowledgeable Leafly that whereas previous drug offenses could also be vacated beneath sure circumstances, a sexual offense is a completely different story. “For someone who committed a sexual offense, it’s more difficult–actually, in Washington state, it’s impossible to vacate the conviction.”


Whether or not the rumors are true, for an up-and-coming entrepreneur, it’s essential to know the restrictions on coming into the cannabis trade with any type of a previous file.


Other authorized states have comparable insurance policies:


Alaska


A marijuana institution in Alaska may not be registered with any person who has been convicted of a felony lower than 5 years prior, or is at the moment on probation for that felony. Currently, this regulation solely applies to homeowners, officers, or brokers of the institution, with no point out of staff.


California


The California licensing committee prohibits anybody with a felony managed substance offense, violent or critical felonies, felonies involving fraud or embezzlement, or any sanctions from native licensing authorities inside the previous three years from coming into the trade. Proposition 64 additionally lets you apply to have sure previous convictions wiped from the file.





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Colorado


In order to qualify for a cannabis business license in Colorado, chances are you'll not have any managed substance felonies inside the previous 10 years, or 5 years from May 28, 2013, whichever is longer, and chances are you'll not have another felony convictions that haven't been expunged previously 5 years. Colorado additionally investigates the prison historical past of any enterprise companions to find out whether or not “he or she is not of good moral character.” However, Colorado does make an exception for previous marijuana possession or use convictions.


Nevada


All persons entering the Nevada cannabis industry should bear a prison background test, and anybody who has been convicted of an “excluded felony offense” could not work within the both the medical or retail cannabis trade.





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Oregon


After Oregon legalized cannabis, Governor Kate Brown signed Senate Bill 364 into regulation, which permits Oregonians with previous cannabis convictions to use for expungement. Oregon prohibits anybody with a felony conviction after 2006 from rising medical marijuana, and anybody with two felony convictions since 2006 are prohibited from rising completely. Retail cannabis laws requires that anybody convicted of a misdemeanor or felony notify the Oregon Liquor Control Commission inside 10 days.




Can You Get a Cannabis Business License if You're a Convicted Felon?

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