FBI won’t run background checks on Missouri medical marijuana employees until law is passed

Hundreds of hopefuls are expected at job fairs for the medical marijuana industry within the next week, but one legal hiccup may stand in their way of employment.

Last May, the Federal Bureau of Investigation (FBI) informed the Missouri Department of Health and Senior Services (DHSS), which licenses and regulates the state’s fledgling medical marijuana industry, that it will not have access to its national fingerprint background check database.

The FBI’s reluctance was revealed during a legislative hearing Wednesday for a bill that is attempting to fix the situation.

The bill, proposed by state Rep. Lane Roberts, was requested by DHSS, which was told by the FBI that it will reconsider access if the state passes a law that codifies the need for the background checks.

Currently, the Missouri Constitution requires DHSS to check that owners, officers, managers, contractors, employees and other support staff of licensed medical marijuana facilities have not committed a disqualifying felony. The requirement was placed in the Constitution when Missouri voters overwhelming voted to approve legalizing medical marijuana in 2018.

Within the last month, DHSS has released which businesses were approved for licenses to cultivate, test, manufacture and dispense medical marijuana. Nearly 350 licenses were awarded in total.

Just this week, DHSS approved about 40 dispensaries in the Kansas City area.

DHSS received permission from the FBI to access its background check database to screen applicants, but has not yet received approval to access the database to screen new employees of approved medical marijuana businesses.

Roberts, a Joplin Republican, said the FBI will not easily allow DHSS to view the results of the background checks because it is not a law enforcement agency.

“The ability to obtain FBI information without going through the FBI is pretty dicey,” Roberts, a former Department of Public Safety head and police chief, said. “The whole arena of criminal information is highly secure and in fact, police agencies can’t really share the data between themselves unless they can state a reason to do so. It’s not as open as it used to be.”

A request for comment to the FBI’s national headquarters was not immediately returned.

The FBI already allows DHSS to access the results of its federal fingerprint background database for the childcare providers it regulates, according to Alex Tuttle, legislative liason for DHSS.

However, to access background checks for an entirely new industry, the FBI wants DHSS to pursue a state law, he said. The authority provided in the Missouri Constitution is not sufficient, he said DHSS was told.

“My understanding is that this is just closing the break in the chain,” Tuttle said.

So far, Tuttle said the department does not have any knowledge of any “bad actors.”

“I’m assuming since the last license was issue within the last week, we are going to start seeing some brick-and-mortar starting to open,” Tuttle said. “...we are the point right now where the facilities are beginning to staff up.”

If the bill does not pass or the FBI doesn’t relent, the department is planning on having employees attest on the penalty of perjury that they have not committed any disqualifying felony offenses, Tuttle said.

Roberts encouraged an emergency clause, which enacts the law upon Gov. Mike Parson’s signature instead of the usual implementation date for all Missouri laws, Aug. 28.

Missouri Medical Cannabis Trade Association (MoCannTrade) has estimated the medical marijuana industry will generate more than 4,000 jobs in the state.

Midwest Canna Expos will host two job fairs: a St. Louis event at University of Missouri-St. Louis Saturday and a Kansas City event at Metropolitan Community College-Penn Valley Feb. 8.