Jan 27, 2024

Minnesota has encountered unexpected problems while implementing its new marijuana law. As such, the implementation has experienced significant delays. State officials commented that it will be another year or so of necessary work before the law’s provisions can take effect.

Minnesota’s governor signed the marijuana bill almost eight months ago. However, the Office of Cannabis Management involved with the bill now lacks a director, as the previous director recently resigned. Though there were talks of a potential replacement, the individual no longer works in state government, thus ending such speculation. Many now speculate that a new director will take charge sometime in mid-February.

Another issue delaying the full implementation of the law concerns the Cannabis Expungement Board. According to the Board, it needs to fill two vital openings. Filling these positions will allow the Board to begin expunging misdemeanor and felony convictions.

State officials have also not specified when the retail sale of marijuana will start. However, they believe it will begin early in 2025. There are also predictions that preliminary cannabis industry rules will take effect by spring 2025.

The government will also need to appoint someone to oversee the cannabis office. Though someone has temporarily filled the position that manages the office, the individual’s contract expires on February 15. However, the state is not accepting applications for the job yet and has not said when they expect to hire someone.

Technical and programming issues have also delayed automatic expungements. These delays significantly affect marijuana-related petty misdemeanor and misdemeanor convictions. As such, many should not expect expungement until August. Meanwhile, the state will handle higher-level convictions differently. These cases require review by a specially appointed board.

Another delay concerns the Minnesota Bureau of Criminal Apprehension. This Bureau is responsible for handling automatic expungements. According to the Bureau, technical infrastructure needs have affected the delays. The Bureau of Infrastructure’s website revealed how contractors and staffers struggle with identifying marijuana records eligible for expungement. Another struggle concerns how they will inform individuals of their eligible convictions.

Once the new law goes into effect, it will open up new job opportunities for individuals who have had their criminal records expunged. It will also provide a larger labor pool for employers. However, employers in Minnesota don’t have to wait for the law to take effect. Employers can proactively determine whether various convictions are relevant to their open positions. The best way to start a second chance hiring program is to work with an experienced background check company.

Keep your business up to date on new laws and regulations with JDP’s reliable background checking services. Contact a sales rep today.

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California is starting 2024 with new employment protections taking effect for marijuana users. Though they took effect on January 1 of this year, they stem from two laws passed in 2023. These new protections closely resemble similar legislation that recently took effect in Washington.

The new employment protections will bar California employers from discriminating against marijuana users. In most cases, California employers cannot discriminate against workers who test positive for cannabis. Separate legislation also bars employers from inquiring into an employee or job applicant’s off-duty use of cannabis. Combined, these new laws create some of the strongest employment protections for marijuana users in the country. As such, employers must understand how these laws affect hiring processes and drug testing.

Amending the Fair Employment and Housing Act

Under the first new law, AB 2188, the state has amended the Fair Employment and Housing Act (FEHA). The FEHA now protects employees from discrimination based on their cannabis usage. Specifically, the law prohibits employers from refusing to hire, penalizing, firing, or otherwise taking adverse action based on off-duty marijuana use. The law specifically prohibits employers from using the results of hair or urine tests, which risk false positives. This decision prevents adverse employment-related decisions based on usage that happened days or weeks before the positive drug test.

Sealing a Loophole

The second law, SB 700, amended the FEHA to seal what many saw as a loophole in the former bill. By removing this loophole, SB 700 made it unlawful for employers to inquire into a job applicant’s past use of cannabis. Employers must understand that this ban also includes questions about criminal history concerning marijuana. 

Existing state laws already protect job applicants from discrimination based on prior use of alcohol and other legal substances. As such, SB 700 acts as an extension to the employment protections for marijuana users. Included with the extensions and amendments, AB 2188 and SB 700 created exemptions to the FEHA for eligible employment circumstances.

Qualifying employers include those in the building and construction industry. The new FEHA exemptions also include employment in positions requiring federal background screening or clearances. The laws also do not preempt existing state and federal laws applicable to companies receiving federal contracts, funds, or benefits.

These new employment protection laws began at the start of January 2024. As such, employers who have not reviewed their hiring and employment policies concerning marijuana should start soon. Working with a trustworthy employment screening provider is one way to get started. The right partner will deliver accurate, compliant, timely reports for employers to make informed decisions.

Discover the benefits of JDP’s seamless background checks for your business. Contact a sales rep today.

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A new law concerning marijuana users went into effect on January 1, 2024, in Washington. This law is Senate Bill 5123 (SB 5123). It intends to improve employment opportunities for marijuana users. 

According to SB 5123, employers cannot discriminate against job applicants based on off-duty marijuana use. It also prevents discrimination for use away from the worksite. The law also bans employers from using the results of pre-employment drug tests that screen for non-psychoactive cannabis metabolites to make hiring decisions.

Washington has decided to ban employers from making hiring decisions based on the results of these tests. This decision is because such results do not predict an applicant’s future job performance. Furthermore, it does not prove whether someone is currently under the influence of marijuana.

Tests screening for non-psychoactive cannabis metabolites can give a positive result even if the applicant used the product weeks ago. False positives happen because these metabolites stay in a person’s system after metabolizing tetrahydrocannabinol (THC). THC is the active chemical in marijuana that triggers positive test results.

SB 5123 could help prevent discrimination toward marijuana users searching for work. According to supporters, it will prevent employers from restricting job opportunities for marijuana users. The law states, “It is unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon:

• The person’s use of cannabis off the job and away from the 

workplace; or

• An employer-required drug screening test that has found the 

person to have non-psychoactive cannabis metabolites in their hair, 

blood, urine, or other bodily fluids.”

However, SB 5123 offers several exceptions for eligible circumstances. For example, employers may continue using tests that do not screen for non-psychoactive cannabis metabolites. It also allows employers to maintain a drug-free workplace. Finally, SB 5123 does not affect an employer’s obligations or rights under federal regulation or law.

As such, accidents at work can lead to drug tests that include marijuana screening. You should also know that employers may test you for marijuana if they suspect that marijuana is influencing you while working. Despite these exceptions, SB 5123 can still significantly improve your job opportunities.

When preparing for a job opportunity, consider running a self-background check. A self-check can improve your chances by ensuring employers see accurate information. It also allows you to make corrections if you find errors or plan how to explain any negative records.

Try running a self background check today and give yourself a head start on your next job opportunity.

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December 8, 2023, marked the final deadline for Missouri’s county courts to finish expunging non-violent felony marijuana cases. This day also marked the first anniversary of recreational marijuana becoming legal in Missouri. Unfortunately, some counties failed to meet the deadline for expunging all qualifying felony cases. Some are also working on misdemeanor cases too.

Missouri voters passed Proposition 3 over a year ago. In addition to legalizing the recreational use of marijuana, this proposition required the automatic expungement of most non-violent marijuana-related offenses from people’s records. These expungements included deadlines spread through 2023 for completing these expungements.

Proposition 3 included two specific deadlines: one for misdemeanor cases and one for felony cases. The proposition required the courts to expunge all qualifying misdemeanor offense cases by June 8, 2023. It required the same action for qualifying felony cases by the second deadline, December 8, 2023.

Long before the first deadline arrived, it became clear that the state could not meet the misdemeanor deadline. In June, Missouri officials estimated that they had expunged roughly 43,000 cases. Since then, Missouri courts have completed approximately 50,000 more. Many suspected that the courts could not meet the deadline of December 8, 2023. This result became apparent as the December 8 deadline passed, and the courts still have many cases to address.

Some counties have completed their expungements entirely. However, others continued working through the enormous backlog Proposition 3 created into the new year. According to court clerks, not all cases are in digital records. Failing to computerize older cases has significantly delayed the expungement process. 

Despite the struggle, the law requires the courts to expunge all eligible felony cases. As such, the clerks must sort through all physical records. Sorting the paperwork has proven challenging due to their locations. The court clerks commented that some were in warehouses and others in attics.

Counties having difficulties expunging cases can use money from the 6% sales tax in the area to help pay for the efforts. Furthermore, they can use these funds to afford additional staff or overtime needed to complete the expungements. The courts have assured concerned parties that they are progressing and will finish the expungements.

Until then, employers can help by considering if an offense is related to the open position. The best way to start a second chance program is to partner with a background check company experienced in this area.

Discover the benefits of JDP’s seamless background checks for your business. Contact a Sales representative today.

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Ohioans legalized marijuana when they approved Issue 2, leading to the law taking effect on December 7. Those with criminal records for minor possession violations may soon seal or expunge these records. This ability is one of several changes under consideration in the new law by the General Assembly. 

The Senate passed a bill to provide money for court training and new systems. Incorporating these improvements would also improve the expungement processing speed. Furthermore, the bill intends to collect this money through taxes on marijuana sales.

Though the Senate passed a bill earlier in December with the Governor’s strong endorsement, the House has not approved it. Instead, the House is considering a bill that does not include anything about expungements. Despite this delay, the Democrats claimed that expungements are a vital subject.

Ohio Rep. Dani Isaacsohn said that expungements are a priority because they are a need and a priority for his constituents. He also said that marijuana use is similar among the different racial groups and demographics. However, charges for marijuana-related crimes and convictions are racially disproportionate. So, he says that expungements are an issue of racial equity and justice.

Unfortunately, an effective automatic expungement process could be challenging to set up. According to the Hamilton County Clerk of Courts, the system cannot handle this; the large number of requests would cause significant complications. The new law also has a limit of 2.5 ounces of marijuana, whereas the limit in the criminal statute was for a maximum of 100 grams, which is over 3.5 ounces. This difference could cause problems for processing the expungements.

It could be some time before the Senate and House agree on changes to the new law. This expectation is because they cannot agree on several issues. Regardless of whether they reach an agreement, the law would still require individuals to attend a hearing with a judge to seal or expunge their records. Those who successfully expunge or seal their records must apply separately to do the same for other convictions.

It remains uncertain whether the legislators will agree on a bill. However, employers can help job applicants by considering which offenses should disqualify someone from a job. The best way to start a second-chance program is to partner with a background check company experienced in this area.

JDP makes background checks easy and reliable. Contact a sales rep today.

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The Ohio Senate has passed a bipartisan measure to alter and expand Issue 2. This legislation is the state’s voter-approved adult marijuana use initiative.

The legislation in question is Senate Bill 86 (SB 86), a revision of House Bill 86. The original bill appeared earlier in 2023 and intended to revise the state’s liquor control laws. Though House Bill 86 passed the House with little opposition during the summer, its future appears uncertain after these changes.

The Proposed Changes

According to the proposed changes, this legislation would remove the delay when purchasing cannabis from existing dispensaries. It would also allow them to cultivate marijuana at home. Another change would allow the expungement of various cannabis-related convictions. Unlike previous proposals, SB 86 does not include an emergency clause.

As such, it would take effect 90 days after the governor signs it into law. Should SB 86 succeed, it would allow anyone 21 and older to purchase recreational marijuana within 90 days of the bill’s effective date. However, this permission extends to purchases from medical marijuana dispensaries only. This change is much faster than Issue 2. The original legislation only permitted recreational sales roughly nine months after legalizing possession.

Parties interested in home cultivation should take note of related changes. According to SB 86, Issue 2’s cultivating limit of 12 plants would drop to six plants per household. The bill would also raise the marijuana excise tax from Issue 2’s 10% to 15%. In addition to the increase, SB 86 would allow local governments to levy up to 3% more in taxes.

Reactions

Many advocates have called for expungements for some time, citing many benefits for those affected and the workforce. Furthermore, the legislation would distribute $15 million in revenue from these taxes to expungements for qualified marijuana-related convictions. Ohioans with previous convictions may request to have marijuana-related records expunged. This permission would also extend to anyone who pled guilty to possessing up to 2.5 ounces of marijuana. 

Specifically:

“If a person, prior to the effective date of this section, was convicted of or has pleaded guilty to a violation of division (C)(3) or (7) of section 2925.11 of the Revised Code and the conduct that was the basis of the violation involved possession of not more than fifteen grams of hashish and not more than two and one-half ounces of marihuana other than hashish, the person may file an application under this section requesting an expungement of the record of conviction.”

SB 86 permits a prosecutor to file an objection against the expungement. Furthermore, the court can finalize the merits of such an objection when determining whether to order an expungement of an individual’s records. Interested parties must also know that the law includes a $50 fee, which an applicant must pay unless indigent.

Now that the state Senate has passed SB 86, it will be up to the House to concur with the changes. When or if this will occur at all remains uncertain. In the meantime, employers should review their policies regarding marijuana use and convictions. An excellent way to get started is by partnering with an experienced background screening company.

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

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A congressional committee will soon vote on a bill concerning marijuana use and federal employment. The bill would protect applicants from automatic disqualification due to current or past marijuana use. This protection would allow them to prove their federal employment or security clearance eligibility under existing codes.

This bill is the Cannabis Users’ Restoration of Eligibility (CURE) Act. Its purpose is to provide relief to individuals who previously lost job opportunities due to marijuana use. However, every federal agency must create a process for reviewing cases to accomplish this feat. This process would require the system to find instances where cannabis caused a rejection for federal jobs or security clearances as far back as January 1, 2008.

How CURE Works

One way to accomplish this is by creating a website where individuals can request reviews for previous decisions. However, the cases must involve a denied federal job or security clearance concerning marijuana use. When someone submits a request, the agency must reconsider the decision, dismissing the marijuana use and focusing on the application’s merits.

Agencies may still choose to deny the individual employment or security clearance. The individual will have 30 days to appeal the decision if this happens. Those wishing to appeal must file the request with the Merit Systems Protection Board (MSPB). The MSPB will have 120 days to review the appeal and agency’s decision.

During this review, the MSPB will also determine whether the agency still considered the applicant’s marijuana use. If the MSPB finds this is the case, it will order the agency to redetermine it appropriately. Otherwise, they will dismiss the request.

The Effects

The CURE Act is an expansion of a cannabis legalization amendment from last year. However, it received swift defeat on the House floor. It would have covered security clearances if it had passed, though not federal employment. Another amendment followed to ban employment discrimination.

This amendment would have prevented all federal departments from discriminating against applicants for past or present marijuana use. However, it received considerable changes before the committee could adopt it. Furthermore, two senators objected to its inclusion in the National Defense Authorization Act. They cited disapproval of including marijuana language in the Act.

Despite these rejections, some federal agencies have already changed employment policies concerning marijuana use. These agencies include the U.S. Secret Service, the Federal Bureau of Investigation, and the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives. These agencies show the possibility of others changing their employment processes regardless of CURE passing. However, others following suit may wait to see if the Drug Enforcement Administration decides to reschedule marijuana.

If CURE does pass, many marijuana users will see increased job opportunities with federal agencies. Private employers can also provide marijuana users with increased opportunities by changing how they regard cannabis. For example, they could consider whether the substance is relevant to the available position. One way to do this is by working with a trustworthy background check provider. The right partner can use their experience to deliver accurate reports, providing employers with the tools to make educated hiring decisions.

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

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