Background Screening Requirements for Employees at a Florida Medical Marijuana Treatment Centers (“MMTCs”)
It is essential to understand the legal and regulatory requirements for employment at a Medical Marijuana Treatment Center (“MMTC”). These requirements apply to all MMTC employees, including employees at marijuana dispensaries and cultivation sites. Florida law imposes specific eligibility criteria to ensure public safety. Here’s what you need to know:
Basic Eligibility Requirements
To work for an MMTC in Florida, you must meet the following criteria:
Minimum Age Requirement – You must be at least 21 years old.
Background Screening – All MMTC employees must pass a Level 2 background screening before they begin work to ensure they do not have disqualifying criminal offenses on their record.
Understanding the Background Screening Process
A Level 2 background screening involves a nationwide criminal history search. The screening process ensures that individuals with certain criminal convictions are not employed in the medical marijuana industry.
What Offenses Are Disqualifying?
While not all criminal offenses will disqualify an applicant, many felony-level offenses and specific other convictions may prevent employment at an MMTC. Importantly, there is no maximum look-back period—a previous criminal offense may be disqualifying, regardless of how long ago it occurred.
Additionally, unlike some other regulatory agencies, Florida’s Office of Medical Marijuana Use does not have discretion to allow someone with a disqualifying offense to work, even if they can demonstrate rehabilitation. If you have a criminal record, it is essential to determine whether any of your past offenses fall under the disqualifying offenses category.
How to Complete Your Background Screening
Unlike other industries where individuals may obtain background checks independently, MMTCs must initiate the process on behalf of prospective employees. Here’s how it works:
MMTC Coordination – The MMTC you wish to work for will provide instructions and direct you to a designated fingerprinting location.
Waiver Form Submission – You will be required to complete a waiver allowing regulators to review your criminal history and retain your fingerprints.
Regulatory Review – Your background check will be assessed by Florida’s regulators, not the MMTC itself.
Final Determination – The MMTC will be informed whether you are qualified, disqualified, or if additional information is needed.
What Happens If Additional Information Is Required?
Sometimes, a background check may show incomplete information, such as an arrest record without clear documentation of the final outcome. If this happens, you may be required to provide:
Court records showing that charges were dropped or dismissed.
Documents from the arresting agency clarifying the disposition of the case.
Providing this information promptly can help prevent unnecessary delays in the hiring process.
How Long Does the Background Screening Take?
Typically, the background check process takes 7-10 business days. However, if additional legal review or documentation is required, it may take longer.
Need Regulatory Guidance?
Navigating Florida’s MMTC employment requirements can be complex, and OMMU regularly revises the process and forms required for compliance. It is essential for MMTCs to have the correct and most up-to-date background screening process in place. Our firm specializes in regulatory compliance and business law for the medical marijuana industry, including helping companies streamline their background screening process. We have the necessary expertise to help you navigate these requirements efficiently. Contact us today for expert guidance on MMTC compliance matters.