5411.1 Each applicant for a medical cannabis business license, except for an applicant for an agent, employee, or manager registration, shall be required to undergo a criminal background check prior to being registered or licensed. In the case of an applicant for a non-profit or for-profit corporation, a criminal background check shall be conducted on all of its directors, officers, members, and incorporators.

5411.2 Except for social equity applicants, ABCA shall not require the submission of a criminal background check for a director, officer, member, or incorporator until the agency deems the applicant otherwise qualified for licensure and its license application accepted by the agency.

5411.3 Consistent with D.C. Official Code § 7-1671.06(u)(2)(A), ABCA's determination that an applicant is qualified, or its license or registration application should be accepted does not overrule the Board's authority to deem the applicant qualified or unqualified, hold a qualifications hearing, or to otherwise deem the applicant unfit for licensure.

SOURCE: Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 10128, 10194 (December 2, 2011); as amended by Final Rulemaking published at 66 DCR 10217 (August 9, 2019); as amended by Final Rulemaking published at 71 DCR 002388 (March 8, 2024); as amended by Final Rulemaking published at 73 DCR 002136 (February 20, 2026).