2023 Rhode Island General Laws › Title 21 - Food and Drugs › Chapter 21-28.11 - The Rhode Island Cannabis Act › Section 21-28.11-12.1. - Criminal record information — Permitted use.

§ 21-28.11-12.1. Criminal record information — Permitted use.
(a)
The commission shall require all applicants for license and registration under this chapter to undergo a national criminal background check prior to issuing any license or registration. The applicant shall apply to the bureau of criminal identification of the department of attorney general, department of public safety division of state police, or local police department for a national background check that shall include fingerprints submitted to the Federal Bureau of Investigation. Upon the discovery of any criminal record information, the bureau of criminal identification of the department of attorney general, department of public safety division of state police, or the local police department shall inform the applicant, in writing, of the nature of the criminal record information. The bureau of criminal identification of the department of attorney general, department of public safety division of state police, or the local police department shall also inform the commission, in writing, of the nature of the criminal record information. In those situations in which no criminal record information has been found, the bureau of criminal identification of the department of attorney general, department of public safety division of state police, or the local police department shall inform the applicant and the commission, in writing, of this fact. The applicant shall be responsible for any expense associated with the national background check.
(b)
All applicants for license or registration have a duty to truthfully and fully disclose prior criminal convictions to the commission and any information the commission requests related to said convictions. If issued a license or registration by the commission, licensees have a continuing duty to truthfully and fully disclose any subsequent criminal convictions to the commission, along with any information the commission requests related to said convictions. Failure to do so may result in the denial, suspension, or revocation of a license or registration, and criminal prosecution pursuant to § 21-28.11-27 and/or other applicable law.
(c)
“Conviction” as used throughout this chapter shall have the same meaning as set forth in § 21-28.6-6(g).
(d)
No person shall be automatically disqualified to practice, pursue, or engage in any business or activity licensed or registered by the commission pursuant to the provisions of this chapter, solely relating to a prior conviction of a cannabis or marijuana possession crime or crimes unless:
(1)
The underlying crime or crimes involved the distribution of a controlled substance, including cannabis or marijuana, to a minor; or
(2)
The underlying crime or crimes substantially relates to the occupation to which the license or registration applies. Any other state law to the contrary will be superseded by this provision.
(e)
No occupational license or registration issued by the commission shall be suspended or revoked, solely or in part, because of a prior or subsequent possession of cannabis or marijuana offense conviction of a crime or crimes unless the underlying crime or crimes substantially relate to the occupation to which the license or registration applies. Any other state law to the contrary will be superseded by this provision.
(f)
A person who has been convicted of a crime may be disqualified to practice, pursue or engage in any business activity licensed by the commission pursuant to this chapter or chapter 28.6 of this title if the commission determines that the circumstances of the conviction are substantially related to the occupation for which the license or registration is sought. In determining if a conviction substantially relates to the occupation for which the license or registration is sought, the commission shall consider:
(1)
The state’s legitimate interest in protecting the property and the safety and welfare of specific individuals or the general public;
(2)
The relationship of the crime or crimes to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the position of employment or occupation; and
(3)
The state’s legitimate interest in equal access to employment for individuals who have had past contact with the criminal justice system.
(g)
A person who has been convicted of a crime or crimes that substantially relates to the occupation for which a license is sought may not be automatically disqualified from the occupation if the person can establish by competent evidence, satisfactory in the discretion of the commission, of sufficient rehabilitation and present fitness to perform the duties of the occupation for which the license is sought. The commission shall consider the time elapsed since the conviction when determining sufficient rehabilitation, as well as any evidence presented by the applicant regarding:
(1)
Completion of a period of at least two (2) years after release from imprisonment, or at least two (2) years after the sentencing date for a probation sentence or suspended sentence not accompanied by incarceration, without subsequent conviction or pending criminal charge;
(2)
The nature, seriousness, and relevance of the crime or crimes for which convicted;
(3)
All circumstances relative to the crime or crimes, including mitigating circumstances surrounding the commission of the crime or crimes;
(4)
The age of the person at the time the crime or crimes were committed;
(5)
Claims that the criminal record information is in error or inadmissible; and
(6)
All other competent evidence of rehabilitation and present fitness presented, including, but not limited to, letters of reference by persons who have been in contact with the applicant since the applicant’s release from any state or federal correctional institution.
(h)
The following criminal records may not be used in connection with any application for a license or registration submitted pursuant to the provisions of this chapter:
(1)
Juvenile adjudications;
(2)
Records of arrest not followed by a conviction;
(3)
Convictions that have been, pursuant to law, annulled or expunged;
(4)
Misdemeanor convictions for which no jail sentence can be imposed; or
(5)
A conviction that does not substantially relate to the occupation for which the license or registration is sought, as determined by subsection (f) of this section.
(i)
If the commission intends to deny, suspend, or revoke an occupational license, permit, or registration solely or in part because of the individual’s prior conviction of a crime that is determined to be substantially related to the occupation for which the license or registration applies, the commission shall notify the individual in writing of the following prior to the final decision:
(1)
The specific conviction(s) that forms the basis for the potential denial, suspension, or revocation and the rationale for deeming the conviction substantially related to the occupation or activity;
(2)
A copy of the conviction history report, if any, on which the commission relies;
(3)
A statement that the applicant may provide evidence of mitigation or rehabilitation, as described in subsection (g) of this section; and
(4)
Instructions on how to respond to the potential denial, suspension, or revocation.
(j)
After receiving the notice of potential denial, suspension, or revocation, the individual shall have thirty (30) business days to respond.
(k)
If the commission denies, suspends, or revokes a license or registration solely or in part because of the applicant’s substantially related conviction, the commission shall issue a final written decision that addresses the following:
(1)
The specific conviction(s) that form the basis for the denial, suspension, or revocation and the rationale for deeming the conviction(s) substantially related to the occupation or activity;
(2)
A copy of the conviction history report, if any, on which the commission relies;
(3)
The process for appealing the decision in accordance with chapter 35 of title 42; and
(4)
The earliest date the person may reapply for license or registration which shall not be longer than two (2) years from the date of the final decision.
(l)
Notwithstanding any general or special law to the contrary, except as otherwise provided in this chapter, any prior conviction for a crime that has been decriminalized, or is eligible for expungement pursuant to the provisions of this chapter cannot serve as grounds, either solely or in part, for denial, suspension or revocation of a license or registration pursuant to this chapter.
(m)
The commission shall adopt rules and regulations establishing standards and procedures consistent with the provisions of this section.
History of Section.
P.L. 2022, ch. 31, § 1, effective May 25, 2022; P.L. 2022, ch. 32, § 1, effective May 25, 2022.