2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 8 - Pharmaceutical-Grade Cannabis (333.8101...333.8511) › 368-1978-8-82 - Part 82 Facility Licensing (333.8201...333.8211) › Section 333.8205 - Issuance of License; Requirements; Submission of Fingerprints; Criminal History Check.

333.8205 Issuance of license; requirements; submission of fingerprints; criminal history check.
Sec. 8205.
(1) The department shall not issue a license to an applicant to operate a pharmaceutical-grade cannabis licensed facility unless the department is satisfied that all of the following requirements are met:
(a) All fees required under this article have been paid.
(b) The applicant will operate the licensed facility in compliance with this article.
(c) The applicant is an adult of good moral character.
(d) The applicant is not delinquent in filing any tax returns with a taxing agency; paying any taxes, interest, or penalties; paying any judgments due to a government agency; repaying government-insured student loans; or paying child support.
(e) The applicant will not hire or contract with any individual in the course of operating a licensed facility without first conducting a criminal history check in the manner prescribed in rules promulgated under this article.
(f) The premises were inspected and the inspection of the premises and the operations of the applicant did not reveal any reason to deny the license.
(g) The criminal history check conducted under subsection (2) did not reveal any felony convictions or any convictions involving a controlled substance.
(h) Any other criteria established in rules promulgated under this article.
(2) At the time of filing an application for issuance or renewal of a pharmaceutical-grade cannabis licensed facility license, an applicant shall submit a set of his or her fingerprints and file personal history information concerning his or her qualifications for a license under this article. The department shall submit the fingerprints to the department of state police for the purpose of conducting a fingerprint-based criminal history check. Fingerprints shall be submitted in a form and manner prescribed by the department of state police and shall be subject to normal fingerprinting fees. The department of state police shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history check. The department may acquire a name-based criminal history check for an applicant who has twice submitted to a fingerprint-based criminal history check under this part and whose fingerprints are unclassifiable. An applicant who has previously submitted fingerprints under this part may request that the fingerprints on file be used. The department shall use the information resulting from the fingerprint-based criminal history check to investigate and determine whether an applicant is qualified to hold a license under this article. The department may verify any of the information an applicant is required to submit. The department of state police shall retain a copy of the fingerprint images and shall notify the department in the event that a licensee under this article is arrested or convicted. The federal bureau of investigation may retain a copy of the fingerprint images to provide notification if a licensee under this article is arrested or convicted. When notified of an updated arrest or conviction, the department shall determine whether a licensee is still qualified to hold a license under this article. The department shall notify the department of state police to deactivate notification when an individual ceases to be a licensee under this article.
History:
Add. 2013, Act 268, Imd. Eff. Dec. 30, 2013
Popular Name:
Act 368