Minnesota Administrative Rules

1565.0300 APPLICATION PROCESS.

Subpart 1.

Application.

A.

An applicant for a hemp grower or processor license must pay a nonrefundable registration and inspection fee and submit an application to the commissioner containing the following information:

(1)

the applicant's full name, business address, telephone number, and email address if available. For an entity, the full business name, the principal business location address, the telephone number, and the full name, title, and email address, if available, of each key participant of the entity;

(2)

a list of authorized representatives to be registered under the license;

(3)

the proposed acreage and indoor square footage to be planted, if applicable;

(4)

the legal description and geospatial location of any proposed registered grow or processing area;

(5)

a map of the grow location, showing the boundaries and dimensions of the grow location in acres or square feet, if applicable; and

(6)

the landowner's name, telephone number, and email address, if different than the grower, if applicable.

B.

As part of a complete application under this part, a first-time applicant must provide to the Bureau of Criminal Apprehension an official fingerprint card of the applicant, a nonrefundable background check fee, and a completed informed consent form authorizing the commissioner to obtain a criminal history report on the applicant. The criminal history report must be dated within 60 days of application.

C.

As part of an annual renewal, a licensee must pay a nonrefundable license renewal fee to the commissioner.

Subp. 2.

License issuance prohibited in certain circumstances.

The commissioner must not issue a license:

A.

unless the application submitted for review is complete and accurate, and the criminal history report confirms that the applicant has not been convicted of a felony under state or federal law relating to a controlled substance within the past ten years unless the exception in Code of Federal Regulations, title 7, part 990.20(b), applies;

B.

if the applicant has not submitted all reports required under this chapter or owes past inspection fees or a penalty to the commissioner for violating a provision of this chapter; or

C.

if the commissioner obtains knowledge that the applicant is applying for a license as a stand-in for someone whose license has been suspended, revoked, or is otherwise ineligible to participate.

Subp. 3.

Ineligibility due to certain convictions.

An applicant is required during the course of the applicant's license period to ensure that the individual grower, authorized representative, licensed applicant, or key participant has not been convicted of a felony relating to a controlled substance, including but not limited to possession, production, sale, use, or distribution of a controlled substance in any form within ten years of the date of the application. If an individual has been convicted of a felony as described in subpart 2, the individual is ineligible, during the ten-year period following the date of the conviction, to grow hemp or participate in the hemp program under this chapter.

Statutory Authority:

MS s 18K.06; L 2019 1Sp1 art 2 s 20

History:

46 SR 150

NOTE: This temporary exempt rule is effective until August 16, 2025, or until permanent rules implementing chapter 18K are adopted, whichever occurs first.

Published Electronically:

January 30, 2024