What Should an MMTC Do If an Employee Is Arrested?

Licensed Medical Marijuana Treatment Centers (MMTCs) in Florida are subject to strict employee eligibility and reporting requirements. All employees must pass a Level 2 background screening before beginning work. If an MMTC becomes aware that an employee, owner, or manager has been arrested, it must take immediate action—especially if the arrest involves a disqualifying offense.

Step 1: Determine Whether the Arrest Is for a Disqualifying Offense

Not all crimes prevent a person from working at an MMTC. Those that do are considered “disqualifying offenses.” Disqualifying offenses are listed in Section 435.04, Florida Statutes, and include a range of criminal charges. Offenses under Chapters 837 (Perjury), 895 (RICO), and 896 (Money Laundering) are also disqualifying. Similar offenses from other jurisdictions are also disqualifying.

For example, a burglary charge under section 810.02, F.S. is disqualifying. In contrast, a misdemeanor theft charge under section 812.014, F.S. is not disqualifying unless it rises to the felony level.

An individual charged with a disqualifying offense is ineligible to work for an MMTC from the time of the arrest unless and until:

• The charge is dismissed;

• The charge is reduced or modified to a non-disqualifying offense; or

• The individual is found not guilty.

Step 2: Notify the Department Within 48 Hours

Under Rule 64-4.208(4), Florida Administrative Code, MMTCs must report arrests for a disqualifying offense to the Office of Medical Marijuana Use (OMMU) within 48 hours of becoming aware of the arrest.

The written notice must include:

1. The individual’s name;

2. Their position or job title; and

3. A copy of the arrest report (if available).

Step 3: Remove Ineligible Employees Within 24 Hours of Notice

The Department stores employees’ finger prints, and is supposed to alert an MMTC when an employee is arrested for a disqualifying offense (although this does not always timely occur). If the Department notifies the MMTC that an individual is ineligible to remain employed due to the arrest, the MMTC must act quickly. The individual must be removed from their position within 24 hours of receiving the Department’s written notice.

Takeaways for MMTCs

• Have a clear process for reviewing and evaluating arrest records.

• Coordinate with your HR team to ensure timely and accurate reporting to OMMU.

• Be prepared to take swift action if an arrest involves a disqualifying offense.

If your MMTC needs assistance evaluating arrest records or preparing a notification to the Department, we’re here to help. Keeping up with compliance obligations protects your license and ensures the integrity of your operations.