Background Checks for Employees

Employees of licensed cannabis businesses are required to complete background checks before employment. Presently, the Minnesota Department of Public Safety is working with the FBI to provide fingerprint criminal history checks required in Minnesota Statutes, section 342.151. Until that process is approved by the FBI, OCM will permit cannabis business license holders to utilize third-party consumer reporting agencies or background screening companies pursuant to Minnesota Session Laws 2024, chapter 121, article 2, section 149. 

Minimum background check requirements for background checks for employees of licensed cannabis businesses:  

All criminal history checks must be conducted by a third-party consumer reporting agency or background screening company that is in compliance with the federal Fair Credit Reporting Act (FCRA) and accredited by the Professional Background Screening Association.  

All criminal history check searches must be conducted in all jurisdictions where the applicant has lived and/or worked (company headquarters and physical location) for the past seven years, and must include:

  • Address and Social Security number trace 
  • County criminal searches 
    • All jurisdictions provided and developed 
    • All names provided and developed (include aliases) 
    • Minnesota county searches to be searched directly with public access terminals 
  • Statewide criminal searches
    • Minnesota Judicial Branch, Minnesota Court Records Online on all applicants 
    • New York Office of Court Administration required if applicant lived and/or worked in New York state for the past seven years 
  • Federal criminal searches 
    • All jurisdictions provided and developed 
    • All names provided and developed (include aliases) 
    • Minnesota federal on all applicants 
  • Nationwide criminal database (multijurisdictional) 
    • All names provided and developed (include aliases) 
    • Reporting requirements must include primary source validation in courts or record of origin
  • Criminal reporting guidelines according to all state and federal laws
    • Unlimited felony convictions, as per FCRA, state, county or other applicable law 
    • Minimum five-year misdemeanor convictions 

How to obtain background checks for cannabis workers employed by license holders  

It is the license holder’s responsibility to find a provider that can provide background checks that meets OCM’s requirements. Cannabis business license holders must review the prospective employee’s background check report and ensure compliance with Minnesota Statutes, section 342.151, subdivision 3, which reads: 
    Disqualification. 
   (a) A license holder must not employ an individual as a cannabis worker if the individual has been convicted of any of the following crimes that would constitute a felony: 
   (1) human trafficking; 
   (2) noncannabis controlled substance crimes in the first or second degree;
   (3) labor trafficking; 
   (4) fraud; 
   (5) embezzlement; 
   (6) extortion; 
   (7) money laundering; or 
   (8) insider trading; 
   if committed in this state or any other jurisdiction for which a full pardon or similar relief has not been granted. 
   (b) A license holder must not employ an individual as a cannabis worker if the individual made any false statement in an application for employment. 

Determination and Documentation 

It is the license holder’s responsibility to determine whether any prospective employees have a disqualifying conviction. OCM cannot offer legal advice regarding this determination. The license holder may use legal counsel if they are unsure of how to make such determinations.  
 
License holders should maintain documentation of their hiring practices and background screening procedures should OCM request or require review. This should include confirmation that each employee has received a passing background check before employment. This documentation may be requested by OCM at any time or reviewed during inspections or investigations.