Medical marijuana legalization in Ohio has provided many individuals with new employment avenues via their local dispensaries. While the pitfalls of searching for employment can be rigorous, these difficulties can exacerbate individuals with a criminal record. For individuals who have a criminal record and are considering applying for work at a dispensary, they should know.
Legal Requirements For Working At A Dispensary
Under the Medical marijuana dispensary employees generally Ohio Administrative Code 3796:6 chapter 3796:6-2, there are several listed for employees of medical marijuana dispensaries. All dispensary key employees must hold an employee license issued by the state board of pharmacy, and under no circumstances can individuals work said positions without proper permits.
Key employees are typically classified as owners, prospective owners, or administrators who oversee daily dispensary operations. Employees and potential hires that do not manage any operational duties, or have power over said duties, will fall under the categorization of support employees.
Ohio state law will require all individuals working at dispensaries to be subjugated to enrollment in fingerprint databases in accordance with the attorney general. After background checks and submitting applications to the state for any potential certifications, individuals over 21 can qualify for employment at a dispensary.
For Individuals With A Criminal Record
If a potential applicant for a dispensary has a criminal record, under state and federal laws, potential applicants do have protection against their prior convictions from being used to withhold potential employment. However, in Ohio state, there is one condition in which certain convictions can bar some individuals from working at a dispensary.
Under Ohio Administrative Code 3796:6 chapter 3796:6-2, a dispensary cannot employ any individuals with a prior convicted felony relating to controlled substances. This means that despite attempts at appeals, a previous felony controlled substance charge employment at a dispensary may be challenging.
The Next Step
While prior felony convictions can prevent individuals from gaining employment, some avenues can help them seek employment. In certain instances, individuals can qualify for the expungement of a criminal record to help seal away the convictions to gain employment.
For expungement to be possible, the individual must meet specific criteria. Laws around marijuana and dispensary operations can change, so expungement of records is not a guarantee, but it is an excellent option to consider.
If you or someone you know needs help dealing with drug possession charges or matters related to expungement, the attorneys at The Meranda Law Firm LTD are here to help. Call (614) 707-4239 today for a consult