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Legislators in Minnesota legalized growing, possessing and using marijuana for recreational purposes. This also resulted in expunction opportunities for activities that are now legal.

About The Law

Minnesota’s Adult Use Cannabis Act established rules regarding the use of recreational cannabis products by adults with some limitations. It also:

• Provides for the licensing, inspection, and regulation of cannabis businesses.
• Creates requirements for the testing of cannabis products.
• Protects off-duty cannabis use.
• Establishes expungement procedures for people with convictions for offenses that have been decriminalized.
• Results in new background screening requirements for people who will work in the cannabis industry.

The Office Of Cannabis Management

The Act also established the Office Of Cannabis Management to create policies regarding cannabis use. This office will:

• Promote public health and welfare.
• Protect public safety.
• Meet the market demand for cannabis flower and cannabinoid products while eliminating the illicit market.
• Prioritize growth and recovery in communities that have experienced a disproportionate, negative impact from cannabis prohibition.

Expunction

As of August 01, 2023, an automatic expungement process was put in place for lower-level convictions related to cannabis. Residents may also petition to have other criminal records expunged. These requests will be reviewed by the court, which will consider:

• The nature and severity of the underlying crime, the record of which would be sealed.
• The risk, if any, the petitioner poses to individuals or society.
• The length of time since the crime occurred.
• The steps taken by the petitioner toward rehabilitation following the crime.
• Aggravating or mitigating factors relating to the underlying crime, including the petitioner's level of participation and context and circumstances of the crime.
• The petitioner's criminal record.
• The petitioner's record of employment and community involvement.
• Other factors deemed relevant by the court.

Background Checks For Cannabis Workers

People who apply for positions in the cannabis industry will be asked to authorize a criminal background check. These requests will be sent to the Bureau of Criminal Apprehension (BCA) so they can conduct an investigation. The Director of this agency will review their findings and make a determination about whether the individual is eligible for employment.

What Employers Should Know

Employers in Minnesota should be aware of this law and understand that some residents are likely to have certain criminal records expunged. When this happens, those records cannot be considered by employers or anyone else who makes decisions about consumers. That’s why it’s a good idea to work with an accredited Consumer Reporting Agency (CRA) when running background checks for employment purposes.

Accredited CRAs take reasonable steps to ensure the background checks they provide only include current, reportable data. Working with a CRA shows that your business is making an effort to comply with relevant laws.

Running Background Checks

Background checks help hiring managers make informed decisions, conduct due diligence and create safe workplaces. If your organization is bringing on employees, contractors or volunteers, please contact us.

Our experienced team can help you customize screening packages based on your needs, applicable laws and industry regulations. We are available to assist you Monday through Friday from 5am to 6pm PT.