314-55-040 - What criminal history might prevent a marijuana license applicant from receiving or keeping a marijuana license?

314-55-040. What criminal history might prevent a marijuana license applicant from receiving or keeping a marijuana license?

(1) When the WSLCB processes a criminal history check on an applicant, it uses a point system to determine if the person qualifies for a license. The WSLCB will not normally issue a marijuana license or renew a license to an applicant who has accumulated eight or more points as indicated below:

Description Time period duringwhich points will beassigned Points assigned
Felony conviction Ten years 12 points
Gross misdemeanor conviction Three years 5 points
Misdemeanor conviction Three years 4 points
Currently under federal or state supervision for a felony conviction n/a 8 points
Nondisclosure of any of the above n/a 4 points each

(2) If a case is pending for an alleged offense that would earn eight or more points, the WSLCB will hold the application for the disposition of the case. If the disposition is not settled within ninety days, the WSLCB will administratively close the application.

(3) The WSLCB may not issue a marijuana license to anyone who has accumulated eight or more points as referenced above. This is a discretionary threshold and it is further recommended that the following exceptions to this standard be applied:

Exception to criminal history point assignment.

(a) Prior to initial license application, two federal or state misdemeanor convictions for the possession only of marijuana within the previous three years may not be applicable to the criminal history points accumulated. All criminal history must be reported on the personal/criminal history form.

(i) Regardless of applicability, failure to disclose full criminal history will result in point accumulation;

(ii) State misdemeanor possession convictions accrued after December 6, 2013, exceeding the allowable amounts of marijuana, usable marijuana, and marijuana-infused products described in chapter 69.50 RCW shall count toward criminal history point accumulation.

(b) Prior to initial license application, any single state or federal conviction for the growing, possession, or sale of marijuana will be considered for mitigation on an individual basis. Mitigation will be considered based on the quantity of product involved and other circumstances surrounding the conviction.

(4) Once licensed, marijuana licensees must report any criminal convictions to the WSLCB within fourteen days.

(Amended by WSR 15-11-107, Filed 5/20/2015, effective 6/20/2015 Amended by WSR 16-11-110, Filed 5/18/2016, effective 6/18/2016)

Statutory Authority: RCW 69.50.325, 69.50.331, 69.50.342, 69.50.345. WSR 13-21-104, ? § 314-55-040, filed 10/21/13, effective 11/21/13. WSR 13-21-003, § 314-55-040, filed 10/3/2013, effective 11/3/2013

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