§ 4-41a-1002 — Medical cannabis pharmacy owners and directors -- Criminal background checks.

(1) Each applicant to whom the department issues a notice of intent to award a license to operate as a medical cannabis pharmacy shall submit, before the department may award the license, from each individual who has a financial or voting interest of 10% or greater in the applicant or who has the power to direct or cause the management or control of the applicant:

(1)(a) a fingerprint card in a form acceptable to the Department of Public Safety;
(1)(b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the individual's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service; and
(1)(c) consent to a fingerprint background check by:
(1)(c)(i) the Bureau of Criminal Identification; and
(1)(c)(ii) the Federal Bureau of Investigation.
(2) The Bureau of Criminal Identification shall:

(2)(a) check the fingerprints the applicant submits under Subsection (1) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;
(2)(b) report the results of the background check to the department;
(2)(c) maintain a separate file of fingerprints that applicants submit under Subsection (1) for search by future submissions to the local and regional criminal records databases, including latent prints;
(2)(d) request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; and
(2)(e) establish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.
(3) The department shall:

(3)(a) assess an individual who submits fingerprints under Subsection (1) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; and
(3)(b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal Identification.

Legislative History

Renumbered and Amended by Chapter 273, 2023 General Session; Renumbered and Amended by Chapter 307, 2023 General Session; Amended by Chapter 307, 2023 General Session, (Coordination Clause); Amended by Chapter 317, 2023 General Session