Background Checks for Employees
Prospective employees of licensed cannabis businesses are required to complete background checks before employment. The cannabis business license holder must submit to the Bureau of Criminal Apprehension the prospective employee's full set of fingerprints and written consent for the bureau to conduct a state and national criminal history check. Background checks must be requested through the Minnesota Bureau of Criminal Apprehension.
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;
(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.
Note:
Previously, the Minnesota Department of Public Safety (DPS) was working with the FBI to obtain approval to provide fingerprint criminal history checks for prospective employees of cannabis businesses as required in Minnesota Statutes, section 342.151. To prevent delays to cannabis businesses setting up operations while DPS and the Bureau of Criminal Apprehension’s (BCA) process was awaiting the FBI’s review and approval, OCM worked with the Legislature to obtain authorization for cannabis businesses to use third-party consumer reporting agencies or background screening companies (Minnesota Session Law chapter 121, article 2, section 149) in the interim. With FBI approval now secured, the process must transition to the BCA. Effective March 1, 2026, cannabis businesses and their prospective employees who have not yet completed a background check must do so through the BCA process. Background checks completed by a third-party before March 1 remain compliant. Cannabis businesses are encouraged to transition to the BCA process before March 1, 2026, as able.
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.