Yes, you can work at a dispensary with a felony in Michigan in many situations, but the type of felony and how long ago it happened decide whether you’re eligible. The strictest rule targets controlled-substance felonies from the past ten years, and one specific conviction, distribution of a controlled substance to a minor, permanently blocks employment at adult-use shops. Non-drug felonies are not an automatic bar under state cannabis law, and Michigan’s Clean Slate expungement rules give many applicants a way to clear older convictions before applying.
Felonies That Block Dispensary Employment
Two provisions do most of the work when a Michigan dispensary reviews an applicant’s record.
Controlled-Substance Felony in the Past Ten Years
Under the Medical Marihuana Facilities Licensing Act, a dispensary cannot hire someone whose background check shows a pending charge or a conviction for a controlled-substance felony within the past ten years, unless the Cannabis Regulatory Agency grants written permission.1Michigan Legislature. MCL – Section 333.27405 The clock runs from the date of conviction, not the date of the underlying offense. Once ten years pass with no new charges, the automatic bar drops away.
This is the rule that catches most applicants. A drug felony from eight years ago generally means no hire without agency sign-off. The same conviction from twelve years ago no longer triggers the restriction.
Distributing a Controlled Substance to a Minor
Adult-use dispensaries operate under a harder rule for one offense. Anyone convicted of distributing a controlled substance to a minor is permanently ineligible to work at a recreational cannabis business under the Michigan Regulation and Taxation of Marihuana Act.2Cornell Law Institute. Michigan Administrative Code R 420.602 There is no lookback window and no waiver process. If the dispensary discovers such a conviction after hiring, it must notify the CRA immediately.
Non-Drug Felonies
A theft, fraud, or other non-drug felony does not automatically disqualify you under Michigan cannabis rules. That said, dispensaries are required to report any felony charge or conviction involving a current employee to the CRA, so employers often scrutinize non-drug records closely during hiring even when the law does not force them to reject you.
The Excluded Employee List
The CRA keeps a list of individuals barred from working in the cannabis industry, usually because of a prior compliance violation or enforcement action. Dispensaries must check every prospective hire against that list before making an offer.2Cornell Law Institute. Michigan Administrative Code R 420.602 Getting removed requires working directly with the agency.
Age
Every dispensary employee in Michigan must be at least 21, whether the shop is medical or adult-use.3Michigan Legislature. MCL – Section 333.27961
What Shows Up on the Background Check
The dispensary runs and pays for the background check itself. Michigan uses fingerprint-based criminal history checks, and state agencies coordinate with the FBI, so your full criminal history surfaces rather than just Michigan convictions. Licensees keep those results on file for the length of your employment and must produce them when the CRA asks.2Cornell Law Institute. Michigan Administrative Code R 420.602
Federal law protects you during the screening. The Fair Credit Reporting Act requires an employer using a third-party screening service to give you a standalone written notice that a report will be pulled and to obtain your written permission first.4Federal Trade Commission. Background Checks on Prospective Employees – Keep Required Disclosures Simple If the same form asks you to waive liability or certify your application is accurate, the employer has violated the rule. If the dispensary decides not to hire you based on the report, it must give you a copy of the report and a summary of your rights before the decision is final.
After you’re hired, the obligation continues. Michigan rules require licensees to maintain a policy under which employees self-report any new criminal charges or convictions. Getting arrested for a felony and not reporting it puts both you and your employer at risk.
Clearing a Felony Before You Apply
Michigan’s Clean Slate laws, effective April 2021, expanded who can have convictions set aside. For someone trying to become eligible for dispensary work, expungement is often the most practical route.
Expungement by Application
You can petition a court to set aside up to three felony convictions in your lifetime. The waiting period depends on how many you want cleared:5Michigan Courts. Michigan Clean Slate Legislation Overview
- One felony: five or more years after sentencing, completion of probation, discharge from parole, or release from prison, whichever comes last.
- Multiple felonies: seven or more years after the same triggering events.
The court filing fee is typically $50, though some courts charge slightly more. Fee waivers are available if you can’t afford it.
Automatic Expungement
Clean Slate also created an automatic process run by the Michigan State Police. Eligible felonies clear ten years after sentencing or release from prison, whichever is later. Misdemeanors carrying 93 days or more clear after seven years.5Michigan Courts. Michigan Clean Slate Legislation Overview The automated system began running on April 11, 2023.6Michigan.gov. Michigan Clean Slate Automatic set-asides are capped at two felonies and four misdemeanors, a separate limit from the three-felony cap on application-based expungement.
Convictions That Can’t Be Cleared
Both paths exclude certain offenses: those punishable by life imprisonment, human trafficking, felony domestic violence where you already have a misdemeanor domestic violence conviction, and crimes involving the exploitation of minors.5Michigan Courts. Michigan Clean Slate Legislation Overview Automatic expungement adds further exclusions for assaultive crimes, crimes of dishonesty, and any offense carrying ten or more years of imprisonment.
Old Marijuana Convictions
Clean Slate created a separate track for misdemeanor marijuana convictions where the underlying conduct would be legal today. If your only record is an old marijuana misdemeanor for something now permitted, you can apply to have that conviction set aside even if it wouldn’t otherwise qualify. This is often the fastest way for a dispensary job seeker to clean their record.
If You’re Denied Because of Your Record
You can contest a hiring denial based on your criminal history. Michigan’s Administrative Procedures Act guarantees parties in a contested case an opportunity for an evidentiary hearing with the chance to present oral and written arguments.7Michigan Legislature. MCL – Act 306 of 1969 That’s where evidence of rehabilitation, employment history, and community ties matters.
If the agency’s final decision still goes against you, Michigan law allows judicial review in Ingham County Circuit Court. An attorney familiar with cannabis regulatory appeals is not required but improves your chances, especially when the factual record is complicated.
If You Want to Own a Business Eventually
Michigan’s Social Equity Program is aimed at business owners rather than employees, but it’s worth knowing about. People with majority ownership in a cannabis business who have a marijuana-related conviction receive licensing fee reductions of 25 percent for a misdemeanor and 40 percent for a felony, whether or not the conviction has been expunged.8Michigan.gov. Social Equity Program – State of Michigan Living in a disproportionately impacted community for at least five of the past ten years adds another 25 percent reduction, and the discounts stack.
One Federal Snag to Watch For
Cannabis remains a Schedule I controlled substance under federal law, and that creates a practical issue even for legitimate dispensary employees. The Federal Housing Administration requires a borrower’s income to be legal under federal law, so FHA-insured lenders generally will not count dispensary wages when you apply for a mortgage. Some conventional lenders have become more flexible about W-2 cannabis income, but expect extra scrutiny.
Reentry Help
Michigan Works! runs a statewide network of service centers along with an Offender Success program for recently paroled individuals, focused on job placement with employers willing to hire people with records.9Michigan Works! Berrien, Cass, Van Buren. Offender Success The Pure Michigan Talent Connect portal points returning citizens to additional statewide resources and local centers.10Pure Michigan Talent Connect. Returning Citizens
If expungement is your first step, some of these organizations can connect you with legal aid attorneys who handle set-aside petitions at reduced or no cost. A denied petition slows the timeline, so a legal aid consultation before filing on your own is usually the smarter move.