There are many individuals who are charged with crimes that are in unique situations when it comes to the collateral consequences of those crimes outside of the criminal justice system. Persons who work in the marijuana industry are those individuals who fall squarely in these unique situations and must consider what the consequences a conviction will have on their ability to obtain a license from the Marijuana Enforcement Division (MED).
Most people are aware that they cannot have a felony controlled substance conviction or another type of felony conviction within 5 years of applying for a license from the MED. Applicants must submit to a background check and, in addition to not having a felony, they also cannot have a criminal history that shows they are “not of good moral character." This is an issue that is more difficult to understand. What are crimes that show they do not meet the good moral character requirement?
While “good moral character” is not defined in either the law or the regulations governing the marijuana industry, crimes involving moral turpitude, or CIMTs, will generally disqualify an individual from meeting the good moral character requirement. CIMTs are a set of crimes that have a long history under federal law, especially in the immigration arena. However, even under federal precedent whether a person is of good moral character still involves a case by case analysis unless the person committed a CIMT which has already been ruled to render the individual one of bad moral character.
In lay people’s terms, any crime that involves lying, cheating or stealing can be considered a CIMT. In the legal arena, however, the definition of a CIMT is complicated and will involve an analysis of the intent element of the crime in order to determine if it implicates good moral character. It is therefore very important to seek experienced, competent and aggressive representation when charged with a crime from an attorney that is well-versed not only in criminal defense, but also in the collateral consequences of the crime and in the administrative processes involved in licensing within regulated industries.
At Feldmann Nagel Margulis, our firm enjoys a talented pool of individuals with extensive experience in criminal defense representation, federal and state administrative law including regulatory and compliance representation, litigation and corporate work which provides our clients with a comprehensive legal team uniquely suited to meet all their legal needs.
Contact our experts at Feldmann Nagel Margulis at 1-866-477-8616 for all your legal needs.