Haw. Code R. § 11-850-17 - Background checks

Current through February, 2022

(a) The following are subject to background checks conducted by the department or its designee:

(1) The individual applicant or licensee;

(2) All officers, directors, members of a limited liability corporation, shareholders with at least twenty-five percent ownership interest in a corporation, and managers of an entity applicant or licensee;

(3) Each employee of a dispensary;

(4) Each subcontractor of a dispensary;

(5) All officers, directors, members of a limited liability corporation, shareholders with at least twenty-five per cent ownership interest in a corporate owner, and managers of a subcontracted production center or retail dispensing location;

(6) Each employee of a subcontracted production center or retail dispensing location;

(7) Any person permitted to enter or remain in a dispensary facility pursuant to section 329D-15(a)(4) or 329D-16(a)(3), HRS; and

(8) Agents of any of the above persons.

(b) A person subject to background checks as provided in subsection (a) shall be disqualified as an individual applicant or licensee, be disqualified as an entity applicant or licensee, be prohibited from entering a dispensary, and be prohibited from having any responsibility for operating a dispensary, if the person:

(1) Has a conviction related to use, possession, or distribution of drugs or intoxicating compounds;

(2) Has a conviction for a crime involving violence;

(3) Has a conviction for a crime involving a firearm;

(4) Has a conviction for a crime involving theft, or business or commercial fraud; or

(5) Has any other background history that the department finds would pose a risk to the health, safety, or welfare of the public, a qualifying patient, or a qualifying out-of-state patient, considering the nature of the offense, the time elapsed since the offense occurred, and evidence of rehabilitation.

(c) A dispensary licensee shall deny employment to any individual who has been convicted of:

(1) Murder in any degree;

(2) A class A or class B felony; or

(3) A class C felony involving trafficking, distributing, or promoting a schedule I or II controlled substance other than cannabis within the last ten years.

(d) A dispensary licensee may deny employment to any individual who has been convicted of a class C felony involving:

(1) Fraud, deceit, misrepresentation, embezzlement, or theft; or

(2) Endangering the welfare of a minor.

(e) A person subject to background checks pursuant to section 329D-12(a)(5), HRS, shall be disqualified to enter the premises of a dispensary facility if the person has a felony conviction;

(f) Each person undergoing a background check shall provide written consent and all applicable processing fees to the department or its designee to conduct the background check.

(g) All dispensary licensees shall have written policies and procedures on conducting and maintaining current background checks on all of the persons listed in subsection (a) which shall include but not be limited to notifying the department immediately of any arrest or conviction for an offense listed in subsections (b) to (e).

Notes

Haw. Code R. § 11-850-17

[Eff DEC 14 2015] (Auth: HRS §§ 321-9, 329D-12, 329D-15, 329D-16, 329D-27, 846-2.7) (Imp: HRS §§ 329D-3, 329D-6, 329D-7, 329D-12) [Am and comp 2/24/2022] (Auth: HRS § 329D-7) (Imp: HRS §§ 329D-15, 329D-16)