Illinois State Senator Robert Peters (D) introduced legislation that would amend certain provisions for background checks of individuals convicted of an "excluded offense."
What is an excluded offense?
Under the The Compassionate Use of Medical Cannabis Program Act, an excluded offense is defined as: "(1) A violent crime defined in Section 3 of the Rights of Crime Victims and Witnesses Act or a substantially similar offense that was classified as a felony in the jurisdiction where the person was convicted; or (2) A violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted, except that the registering Department may waive this restriction if the person demonstrates to the registering Department’s satisfaction that his or her conviction was for the possession, cultivation, transfer, or delivery of a reasonable amount of cannabis intended for medical use."
This means that under the current law, individuals who have been convicted of an excluded offense are automatically banned from receiving a medical marijuana dispensary agent license. Senate Bill 3287 would change that.
The bill makes sure nothing in the Act would be constructed to prevent an otherwise qualified person from serving as a principal officer or agent of a marijuana business on the sole basis of nonviolent cannabis-related conviction.
“Cultivation center agent” means a principal officer, board member, employee, or agent of a registered cultivation center who is 21 years of age or older and has not been convicted of an excluded offense," reads one provision of the bill.
“Designated caregiver” means a person who: (1) is at least 21 years of age; (2) has agreed to assist with a patient’s medical use of cannabis; (3) has not been convicted of an excluded offense; and (3) (4) assists no more than one registered qualifying patient with his or her medical use of cannabis."
The legislation also replaces current measures regarding background checks with "provisions requiring the Illinois State Police to conduct a criminal history record check of the prospective principal officers, board members, and agents of a medical cannabis dispensing organization or cultivation center applying for a license or agent identification card under the Act."
After the first reading, the bill is referred to Assignments.
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