§ 1141a.31. Background checks.
(a) To provide the criminal history record check required under § 1141a.29 (relating to initial permit application), an applicant shall submit fingerprints of its principals, financial backers, operators and employees to the Pennsylvania State Police. The Pennsylvania State Police or its authorized agent will submit the fingerprints to the Federal Bureau of Investigation for the purpose of verifying the identity of the individuals whose fingerprints have been submitted and obtaining a current record of criminal arrests and convictions.
(b) The Department may only use criminal history background check information obtained under this section to determine the character, fitness and suitability to serve in the designated capacity of the principal, financial backer, operator and employee.
(b.1) After submitting proof to the Department that fingerprints have been obtained, an individual may begin employment at a medical marijuana organization in a supervised capacity until the Department approves the individual to affiliate with the medical marijuana organization. If the Department does not approve the individual to affiliate with the medical marijuana organization, the individual shall be immediately terminated from the medical marijuana organization.
(c) This section does not apply to an owner of securities in a publicly traded corporation or an owner of 5% or less in a privately held business entity and who does not have voting rights to elect or appoint one or more members of the board of directors or other governing board.
(d) A financial backer, principal or employee may not hold a volunteer position, position for remuneration or otherwise be affiliated with a medical marijuana organization or a clinical registrant if the individual has been convicted of a felony criminal offense relating to the manufacture, delivery or possession with intent to manufacture or deliver a controlled substance in violation of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § § 780-101— 780-144), or similar law in any other jurisdiction unless: 10 or more years have passed since the entry of a final disposition of the felony conviction, or 1 year has passed since the individual’s release from imprisonment for the felony conviction, whichever is later.
Cross References This section cited in 28 Pa. Code § 1141a.22 (relating to records subject to disclosure; confidentiality); 28 Pa. Code § 1141a.29 (relating to initial permit application); and 28 Pa. Code § 1141a.34 (relating to denial of a permit).
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