Wash. Admin. Code § 314-55-040

Current through Register Vol. 24-13, July 1, 2024
Section 314-55-040 - Cannabis applicant or licensee background checks
(1) The board conducts a background check of a new applicant or for license renewals to evaluate whether the applicant or licensee qualifies or requalifies for a license. The background check includes a criminal record check through the Washington state patrol and the Federal Bureau of Investigations database.
(2)Review and evaluation of information produced by background checks. The board will review the information produced by background checks to determine whether the applicant or licensee qualifies for a new or renewed license. Information from the background check may not preclude approval, but will be considered in determining the applicant's eligibility for licensure.
(3) The board will conduct a threshold review for the following types of convictions:

Conviction Type

Conviction Class

Time Consideration

Determination

Felonies

Class A and B convictions

10 years

Threshold review if 1 or more

Class C convictions

7 years

Threshold review if 2 or more

Misdemeanors

Gross misdemeanors and misdemeanors

3 years

Threshold review if 3 or more

(a) Active state supervision and active federal supervision resulting in determination of threshold review.
(b) The board will conduct a threshold review of any license applicant or license renewal if the background check indicates that the applicant or renewing licensee is under active state supervision, active federal supervision, or both.
(4)Pending criminal charge review and evaluation. The board will review and evaluate the applicant or renewing licensee's pending criminal charges. Review and evaluation criteria include, but are not limited to:
(a) A determination of whether the convictions of pending charge(s) alone or compiled would put an individual over the conviction allowance above.
(b) The application may be placed on hold for 90 days and if there is no disposition within 90 days, the application will be withdrawn.
(5)Threshold review evaluation criteria. When a background check results in a determination for a threshold review, the board will consider the following criteria:
(a) Time since the conviction, or pending offenses;
(b) Nature and specific circumstances of the offense;
(c) Relationship of the offense or incident to the nature of the work performed;
(d) Number of offenses or incidents;
(e) If criminal, any relevant evidence of rehabilitation, such as information about compliance with conditions of parole or probation, including orders of no contact with victims and witnesses, and the individuals conduct and experience since the time of the offense; and
(f) Any other relevant information, including information submitted by the applicant or licensee, or requested by the board.
(6)Continued reporting. Cannabis licensees must report any criminal convictions to the board within 30 days. New convictions will be considered upon receipt or at the time of renewal.

Wash. Admin. Code § 314-55-040

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
Amended by WSR 21-18-125, Filed 9/1/2021, effective 10/2/2021
Amended by WSR 22-21-058, Filed 10/12/2022, effective 11/12/2022
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