The Minnesota Department of Public Safety recently blogged an update concerning two Acts. The blog details the steps the Bureau of Criminal Apprehension (BCA) has taken since passing these Acts. The Acts in question are the Adult-Use Cannabis Act and the Clean Slate Act, passed last spring. 

According to the new article, the BCA is still working to implement either Act’s significant changes. The Adult Use Cannabis Act and Clean Slate Act passed in early 2023. Both changed who can view criminal history information, such as arrest and conviction records. Ordinarily, publicly available information from criminal history records is available online from the BCA.

Under the Adult Use Cannabis Act, Minnesotans with certain low-level cannabis-related offenses will qualify to seal their records. The Act requires an automatic expungement for all qualifying records from the BCA’s database. The BCA has estimated that more than 66,000 records may qualify for automatic sealing under the Adult Use Cannabis Act.

According to the BCA, it is well on its way to successfully creating the processes needed to automate these expungements. This effort included employing over a dozen staff and contractors to develop the necessary systems. The BCA claimed it will continue to analyze and establish rules for identifying qualifying records and notifying law enforcement and judicial authorities.

The state has created a Cannabis Expungement Board for those with felony offenses. This Board reviews cases and determines eligibility for expungement or resentencing under the new regulations. According to the BCA, there are 230,000 eligible offenses for review by the Board.

The Clean Slate Act takes effect in January 2025. It will expand the list of offenses qualifying for expungement. In addition, it will introduce a process for the BCA to seal qualifying records. However, the BCA has yet to determine the number of records that may be affected by the Act.

The BCA will continue improving its database to ensure the prompt completion of expungements. Furthermore, the Bureau added language to all criminal records. This change would indicate whether the records contain information about acts that are no longer illegal. The statement is the following:

“Minnesota Session Laws – 2023, Chapter 63, Article 5 requires automatic expungement of certain cannabis-related offenses effective August 1, 2023. While the Criminal History System is being updated to support the changes, an individual’s record may include cannabis-related offenses that are eligible for automatic expungement. In addition, an individual’s record may include cannabis-related offenses that are eligible for review by the Cannabis Expungement Board. The Board will determine whether the offense meets the criteria for resentencing or an order of expungement through the Judicial Branch.”

When performing background checks, employers must ensure that they receive up-to-date criminal history information that reflects these changes. The best way to help ensure this is to work with an experienced employment screening provider. The right partner will ensure the company complies with all state and federal regulations.

Keep your business compliant with new laws and regulations with JDP’s reliable background checks. Contact a sales rep today.

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As of August 1, Minnesota’s Adult-Use Cannabis Act has taken effect. This Act allows residents to possess and grow cannabis for legal recreational purposes. In addition, it will enable relevant criminal records to begin the expungement process.

Under the Adult-Use Cannabis Act, Minnesota residents with low-level cannabis-related arrests or misdemeanor convictions may have their records sealed. It intends to prevent the public from viewing this information. Sealing these records would make it easier for affected individuals to find employment and housing. 

According to the Act, it would automatically expunge eligible records from the Minnesota Bureau of Criminal Apprehension (BCA) criminal history database. However, the agency has warned that completing these expungements could take a while. The BCA also mentioned that 66,000 people could benefit from these automatic expungements.

Minnesota residents with cannabis-related felony convictions may also benefit from this Act through a different process. This process involves the Cannabis Expungement Board, which the state created through the Act. The Board decides whose records qualify for resentencing and would comprise five members: two appointed public members and three designees. State officials expect to finalize the Board in the fall of 2023. 

The Adult-Use Cannabis Act also protects individuals who use cannabis for recreational purposes when off duty. According to the law, employers cannot refuse to hire an applicant or discipline an employee due to using lawful consumable products in specific circumstances. These cases include use while off the employer’s premises and during non-working hours.

The law defines “lawful consumable products” as those legally used and enjoyed. This definition includes food, alcoholic or nonalcoholic beverages, tobacco, and cannabis products. These products include cannabis flower, as defined in section 342.01, and cannabinoid products, as defined in section 342.01, subdivision 12. As such, cannabis flower and cannabinoid products are lawful consumable products under Minnesota law. 

This acknowledgment disregards the legality under federal or other state statutes covering use, possession, impairment, sale, or transfer. However, it does not restrict employers’ authority to discipline or discharge employees for cannabis or cannabinoids under specific circumstances. Such cases include the use, possession, impairment, sale, or transfer during working hours, on the work premise, or while operating an employer’s vehicle, machinery, or equipment.

The law includes exceptions for workers in specific industries. Such workers include childcare, firefighters, and police officers. In addition, employers may terminate employees for arriving to work under the influence of marijuana. They may also request a drug test due to reasonable suspicion of someone working impaired.

Since this Act has taken effect, employers should review whether their employment policies comply with the Act. The best way to ensure compliance with this and other background screening laws is to partner with a trustworthy screening provider. The right provider stays updated with applicable employment laws and delivers accurate reports.

Keep your business up to date on new laws and regulations with JDP’s free news resources. Contact a sales rep today.

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