La. Admin. Code tit. 7 § XLIX-513

Current through Register Vol. 48, No. 5, May 20, 2022
Section XLIX-513 - Eligibility Suitability Standards
A. Eligibility. No person shall be eligible to apply for the license unless he meets all of the following requirements:
1. is in compliance with all requirements provided by the Act; and
2. is properly registered and in good standing with the Louisiana Secretary of State and Department of Revenue.
B. Suitability. No person shall be eligible to obtain a license, permit, or contract related to the production of medical marijuana, or to obtain any other approval pursuant to the provisions of the Act, or these rules unless the applicant has demonstrated by clear and convincing evidence to the department, where applicable, that he is suitable. Suitable means the person has filed the suitability documents required by the department and is:
1. a person of good character, honesty, and integrity;
2. a person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the public interest of this state or to the effective regulation and control of the production of medical marijuana or product or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the production of medical marijuana or product or carrying on of the business and financial arrangements incidental thereto;
3. capable of and likely to conduct the activities for which the applicant, licensee, permittee, is licensed, permitted, or approved pursuant to the provisions of the Act or these rules; and
4. not disqualified pursuant to the provisions of Subsection B of this Section.
C. The department shall not grant a license or permit, or issue any other approval pursuant to the provisions of the Act or these rules to any person if an applicant has been convicted in any jurisdiction for any of the following offenses within the 10 years prior to the date of the application, and at least 10 years has not elapsed between the date of application and the successful completion of any service of a sentence.
1. the conviction or a plea of guilty or nolo contendere by the applicant or any person required to be suitable under the provisions of the Act or these rules for any of the following:
a. any offense punishable by imprisonment of more than one year;
b. theft or attempted theft, illegal possession of stolen things, or any offense or attempt involving the misappropriation of property or funds;
c. any offense involving fraud or attempted fraud, false statements or declarations.
D. The department shall not grant a license or permit, or issue any other approval pursuant to the provisions of the Act or these rules to any person if there is a current prosecution, deferred adjudication, or period of probation or parole for any or pending charge against the person in any jurisdiction for any offense listed in Paragraph C of this Subsection.
E. The department shall not grant a license or permit, or issue any other approval pursuant to the provisions of the Act or these rules to any person who is disqualified based on of the following criteria:
1. a crime of violence as defined in R.S.14:2(B);
2. any offense involving schedule I narcotics, except marijuana (cannabis, THC); or
3. the failure to provide information and documentation to reveal any material fact to a suitability determination, or the supplying of information which is untrue or misleading as to a material fact pertaining to the suitability criteria.

La. Admin. Code tit. 7, § XLIX-513

Promulgated by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, LR 431255 (7/1/2017), Amended LR 4824 (1/1/2022).
AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1046.