National News
Gov. Bruce Rauner issued marijuana licenses before FBI background check
February 10, 2015 posted by Steve Brownstein
Illinois Gov. Bruce Rauner awarded licenses this week to 70 medical marijuana businesses before out-of-state criminal background checks could be done through an FBI database, as required under state law.
Rauner issued the licenses Monday after conducting an internal review that noted flaws in former Gov. Pat Quinn's handling of the license process. But Rauner's announcement didn't mention the lack of national criminal background checks for the new industry he'd just launched.
Illinois State Police officials told The Associated Press that no out-of-state criminal history checks have been done. The agency is still waiting for the FBI to approve access to its database. In addition, about 1,000 patients have been approved for the program without federal criminal checks.
It's not clear whether crimes will turn up in the checks or whether any businesses will lose their licenses. "It would have been better if (federal background checks) had been done beforehand," said Rep. Lou Lang, who sponsored the Illinois law, but he added it was important to get the program started for patients who are waiting for relief.
Rauner spokesman Lance Trover said the governor's office knew the FBI had not yet authorized use of its database. "We do not believe it poses any risk to the integrity of the program, because as soon as the FBI grants approval, these checks can be run and licensing actions still can be taken," Trover said.
It's the latest twist in a program troubled by delays. Quinn, a Democrat, left office without issuing the licenses, saying he didn't want to rush the process and would turn it over to Rauner, a Republican.
National criminal background checks are standard in states with medical marijuana programs and are important to reassure the public about the industry's legitimacy, said policy experts and security consultants. Some people in the business have criminal records, said Michael Mayes, CEO of Quantum 9, a Chicago-based marijuana industry consultant.
"It's incredibly difficult to find a master cultivator with 10 to 20 years of experience who hasn't been convicted of a minor or major drug offense," said Mayes, adding he's worried about people being bounced out of the program once the FBI checks are done.
Anyone convicted of a violent crime or drug felony must be excluded from the program, according to Illinois' medical marijuana law. Exceptions can be made for people convicted of drug crimes related to medical use, but there's no exception for crimes involving growing marijuana for recreational use.
"This is something state regulators need to focus on with great interest as this program goes on," said Arnette Heintze, CEO of Hillard Heintze, a security risk management firm in Chicago. "You want the citizens to feel there is the right governance over the program. I have confidence that will happen in Illinois."
