You can work at a dispensary with a felony in Michigan in most cases. The two convictions that actually stop you are a controlled-substance felony within the last ten years and, for adult-use dispensaries, any conviction for distributing a controlled substance to a minor. Non-drug felonies rarely trigger an automatic bar under state cannabis law, and older convictions can often be cleared through Michigan’s Clean Slate expungement laws before you apply.
Every dispensary worker in Michigan must be at least 21. The Cannabis Regulatory Agency (CRA) oversees licensing and enforcement for both medical and adult-use operations.1Michigan.gov. Cannabis Regulatory Agency Replaces the Marijuana Regulatory Agency Before any dispensary hires you, it has to run a fingerprint-based criminal background check and keep the results on file for as long as you work there.2Cornell Law Institute. Michigan Administrative Code R 420.602
Which Felonies Actually Block You
Controlled-Substance Felony Within Ten Years
Under the Medical Marihuana Facilities Licensing Act, a dispensary cannot hire someone whose background check shows a pending charge or conviction for a controlled-substance felony within the past ten years, unless the CRA gives written permission.3Michigan Legislature. MCL – Section 333.27405 The ten years run from the date of conviction, not from the underlying conduct. Once that window closes with no new charges, the conviction alone no longer blocks you.
This is the rule that catches most people. A drug felony from eight years ago generally means a dispensary cannot hire you without the agency signing off. The same conviction from twelve years ago no longer carries the automatic bar.
Distributing a Controlled Substance to a Minor
Adult-use dispensaries face a stricter rule for one offense. Anyone convicted of distributing a controlled substance to a minor is permanently ineligible for employment under the Michigan Regulation and Taxation of Marihuana Act.2Cornell Law Institute. Michigan Administrative Code R 420.602 No lookback, no exception process. If a dispensary learns about such a conviction after hiring, it must notify the CRA immediately.
The Excluded Employee List
The CRA keeps a list of individuals barred from cannabis industry work. Dispensaries have to screen every prospective hire against it.2Cornell Law Institute. Michigan Administrative Code R 420.602 People usually land on the list through a prior compliance violation or enforcement action, and removal means working directly with the agency.
Non-Drug Felonies
A felony unrelated to controlled substances, such as theft or fraud, does not automatically disqualify you under state cannabis law. Dispensaries still have to report any felony charge or conviction involving a current employee to the CRA, so employers tend to look hard at non-drug felonies during hiring even when the law does not force them to reject you.
How the Background Check Actually Works
The dispensary runs and pays for your background check. Michigan uses fingerprint-based checks that pull both state records and FBI federal records, so expect your full criminal history to show up.
Federal law gives you some protection in the process. Under the Fair Credit Reporting Act, an employer using a third-party screening service must give you a clear, standalone written notice that a report will be pulled, and get your written permission first.4Federal Trade Commission. Background Checks on Prospective Employees – Keep Required Disclosures Simple If the disclosure form also asks you to waive liability or certify your application, the employer has broken the rule. If the dispensary decides not to hire you based on what the report shows, it has to give you a copy of the report and a summary of your rights before the decision becomes final.
Being hired is not the end of it. Michigan rules require licensees to maintain a policy where employees self-report new criminal charges or convictions. Getting arrested while employed and staying quiet about it puts both you and your employer at risk of enforcement action.2Cornell Law Institute. Michigan Administrative Code R 420.602
Clearing an Old Felony Before You Apply
Michigan’s Clean Slate laws, effective April 2021, expanded who qualifies to have convictions set aside. For a disqualifying drug felony, expungement is often the most practical move.
Petitioning the Court
You can ask a court to set aside up to three felony convictions over 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 more. If you cannot afford it, you can request a waiver.
Automatic Expungement
Clean Slate also set up automatic set-asides handled by the Michigan State Police without any petition. Felonies clear automatically 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.
Marijuana Convictions Get Their Own Path
Clean Slate created a separate route for misdemeanor marijuana convictions where the underlying conduct would be legal under current Michigan law. If you were convicted years ago for something that is now permitted, you can apply to have that conviction set aside even if it would not otherwise qualify. This matters most for dispensary job seekers whose only record issue is an old marijuana misdemeanor.
What Cannot Be Cleared
Some convictions are off-limits for both paths: offenses punishable by life imprisonment, human trafficking, felony domestic violence where you have a prior misdemeanor domestic violence conviction, and crimes involving the exploitation of minors.5Michigan Courts. Michigan Clean Slate Legislation Overview Automatic expungement excludes additional categories, including assaultive crimes, crimes of dishonesty, and any offense carrying ten or more years of imprisonment.
If You’re Denied, You Can Fight It
When a dispensary or the CRA denies employment based on your criminal history, you have the right to contest it. Michigan’s Administrative Procedures Act guarantees parties in a contested case an evidentiary hearing with the chance to present oral and written arguments.7Michigan Legislature. MCL – Act 306 of 1969 That is your opening to show rehabilitation, steady employment, community ties, and other evidence that you are not a risk to the industry.
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 having one helps when the factual record is complicated.
Help Getting Hired or Getting Cleared
Michigan Works! runs a statewide network of service centers and an Offender Success program for recently paroled individuals. It focuses on job placement and participating centers have built relationships with employers willing to hire people with records.8Michigan Works! Berrien, Cass, Van Buren. Offender Success The Pure Michigan Talent Connect portal links returning citizens with additional statewide resources and local service centers.9Pure 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 your timeline, so a legal aid consultation before filing on your own is usually smarter than going it alone.
One Federal Issue to Know About
Cannabis remains a Schedule I controlled substance under federal law, and that creates problems even for ordinary dispensary employees in a legal state. The most common one is housing. The Federal Housing Administration requires a borrower’s income to be legal under federal law, so FHA-insured lenders generally will not count your dispensary wages toward a mortgage. Some conventional lenders accept W-2 cannabis income, but expect extra scrutiny.