State requirements for non-medical US cannabis retail personnel

Abstract

In September 2023, we examined requirements for budtenders working in non-medical dispensaries in the 20 states with active non-medical cannabis markets. Two coders extracted data from each state’s licensing board and/or governmental websites. The age requirement for budtenders was ≥21 years old (n=17) or ≥18 (n=3). Most states (n=16) required background checks; 10 specified felony convictions preventing employment, 5 allowed the Department to determine eligibility, and 2 allowed petitions upon denial. Twelve states required fingerprinting. There were application fees ($25-$300) in 13 states. Structured training was required in 7 states, while 5 states required employee training. Given the diverse budtender requirements, the evaluation of budtender standards is essential to assess the impacts of training on regulatory compliance and consumer education, and of application costs and conviction-based employment restrictions on social equity. This must inform the development of effective regulations and enforcement protocols, and how to promote equity in cannabis regulations.

Introduction

Cannabis is the most commonly-used federally illicit drug in the US, with 13.7% of adults reporting past-month use in 2021.¹ As of September 2023, 20 states have active non-medical (i.e., recreational) cannabis markets.² Accordingly, the US cannabis market size is expected to increase from a $15.8 to a $40.1 billion value by 2030,³ and the demand for cannabis retail personnel – or ‘budtenders’ – has increased.

Budtenders play a key role in regulatory compliance. For example, studies have documented low rates of budtenders checking ID before entry (e.g., 12–32%) in some states,^4,5 but higher rates (e.g., 63–100%) in other states.^5,6 Budtenders may also play an important role in ensuring required signage in retail settings, given that many cannabis retailers fail to display the state-required signs such as those addressing restricted access to minors or DUI risks.⁶

Budtenders are also sources of cannabis-related information to consumers.⁷ They often provide recommendations about which products will achieve certain desired effects (e.g., facilitate sleep),⁷ despite certain recommendations (e.g., health claims) being illegal in some states.^8,9 However, some fail to provide information regarding possible adverse effects,^8,9 asserting that consumers should evaluate such effects for themselves.⁷ These recommendations likely impact consumers’ cannabis perceptions and purchasing/use behaviors.

Despite the pivotal role of budtenders in ensuring regulatory compliance and educating consumers, there is a notable gap in research focusing on budtender requirements, such as age and conviction-related restrictions, application-related costs, and training. Previous studies (2015–2016) of budtenders indicated that only about one-half of budtenders received any formal training^8,10 and, in qualitative research, budtenders endorsed the need for certain information (e.g., regulatory compliance).⁷ To address this gap, this study assessed state requirements for budtenders working in states with active non-medical cannabis markets.

Methods

In August and September 2023, we examined budtender requirements among the 20 states with active non-medical cannabis markets, identified from each state’s cannabis laws (see Table 1). Two coders (CRL, YC) reviewed state laws related to budtender requirements from government and licensing board websites in each state and summarized key requirements to be coded, which included: 1) minimum age requirements, 2) application fees, 3) background check and fingerprinting requirements and conviction-related implications for employment, and 4) required trainings. The coders then independently extracted data from state government and licensing board websites, compared findings, and discussed reasons for discordant data, for example, differences in interpretation of information presented across data sources (i.e., licensing board website vs. legal text). If interpretation was unclear, the coders engaged a third coder (DM) to reach consensus. (Note that there were few discordant codes, and no instances of contradictory information across sources.)

Table 1.

State requirements for cannabis retail personnel in 20 states with active non-medical cannabis retail as of August, 2023

State	Age requirement	Application fees	Background check	Fingerprinting	State-mandated training
Alaska	21+ years	$50 [every 3 years]	Yes; Denied if: felony conviction in Alaska (past 5 years), currently on parole for a felony conviction in Alaska, conviction for a class A misdemeanor in Alaska involving a controlled substance other than schedule VIA or to sell, furnish, or distribute cannabis in Alaska (past 2 years), current indictment for any of the above	No	Yes#; State-certified training3
Arizona	21+ years	$150 to $300, determined by fingerprinting-based clearancea [every 2 years]	Yes; Denied if: felony for violent crime (ever) or controlled substance (past 10 years, in Arizona)	Yes	No
California	21+ years	N/A	Yes; Denied if: conviction of an offense that is substantially related to the qualifications, functions, or duties of the position – unless the department determines the applicant is suitable and granting the license would not compromise public safety (decided after conducting a thorough review of the crime, conviction, circumstances, and evidence of rehabilitation).b -Applicants must report if they have ever been convicted or arrested at the state or federal level, if currently on bail, or have a pending trial or appeal -Licensing authorities may request records from local or state agencies regarding arrests, convictions, probation, and related documentation -Licenses may be revoked, or renewals denied, upon conviction for any controlled substance felony after initial licensure -Within 30 days of notice of denial, the applicant may petition with the department to set a hearing on the statement of issues filed against them	Yes	No
Colorado	21+ years	$150 [every 2 years] $100 renewal fee [every 2 years]	Yes; Denied if: conviction of any felonies (past 3 years) or any outstanding delinquency due to the Department of Revenue related to a cannabis business.	Yes	No1
Connecticut	18+ years	$50/year	Yes; Denied if: conviction of felonies related to money laundering, vendor fraud, insurance fraud, telephone fraud, forgery, falsifying records, bribery, tampering with evidence, perjury, identity theft (past 10 years)	No	No
Illinois	21+ years	$100/year	Yes; Denied if: applicant failed to file a tax return or failed to pay the tax, penalty, or interest shown in a filed return (once paid, eligible again); more than 30 days delinquent in complying with a child support order -Applicants must report if they have: ever been charged with any criminal offense in any domestic or foreign jurisdiction, even if charges were dismissed or found not guilty (and provide an explanation of charges and the nature of the circumstances); ever been convicted of, pled guilty, or Nolo Contendere (not accepting or denying, but waiving right to a trial and agreeing to accept penalty) to any criminal offense in any state or federal court (excluding if juvenile and not tried as an adult, it occurred before 01/01/2014, conviction overturned by a higher court, or conviction sealed or expunged)	Yes	Yes; State- certified training (yearly); Responsible vendor training within 90 days of hire (2 hours) and 8 hours of unspecified training3
Maine	21+ years	$20/year	Yes; Denied if: conviction of crime involving controlled substances punishable by 1+ year that is covered by current laws (past 5 years)	Yes	No
Maryland	21+ years	N/A	Yes; Denied if: has been convicted or pleaded Nolo Contendere (not accepting or denying, but waiving the right to a trial and agreeing to accept the penalty) to a crime involving moral turpitude or it is within 7 years of any conviction (including parole, probation, or mandatory supervision). Commission can also deny application if they have a “substantial reason.” May not exclude based on any cannabis-related offenses occurring before 07/01/2023 unless a drug volume-based conviction (manufacturing, distributing, or possessing: ≥50 pounds of cannabis, ≥448 grams of cocaine or methamphetamine, ≥28 grams of morphine or opium, ≥5 grams of fentanyl, ≥1,000 dosage units of LSD, or ≥16 ounces of PCP) or a conviction for being a “drug kingpin” (organizing, supervising, financing, or managing to manufacture, distribute, dispense, transport in, or bring into the State a controlled or dangerous substance in the amounts listed above).	Yes	Yes; State- certified training (yearly); Responsible vendor training, exam score ≥70 to pass3
Massachusetts	21+ years	$50/year	Yes; Denied if: conviction of a sex offense (ever); felony convictions for trafficking in drugs included in the controlled substance act (except ones solely based on cannabis) (ever); conviction or continuance without a finding (i.e., sufficient evidence or acknowledgement of guilt without a guilty conviction) relating to distribution of a controlled substance to a minor (ever); failing to register as a sex offender (ever); felony convictions for crimes of violence, dishonesty, or fraud (past 5 years) -Negative suitability but not automatically excluded: any outstanding/unresolved criminal proceeding (except ones solely based on cannabis offenses/violations related to trafficking or unlawful possession) that may result in a felony conviction (present); any open professional or occupational licenses cases (present); any open/unresolved cannabis license or registration cases (present); submitting untruthful information to the commission (present); crimes of domestic violence or violating a restraining or harassment prevention order (past 5 years). Applicant may request an informal hearing before the Commission’s suitability review committee.	No	Yes; State- certified training (yearly); Responsible vendor training within 90 days of hire (2 hours, in real time), exam score ≥70 to pass, and 8 hours of unspecified training3
Michigan	21+ years	N/A	Yes*	No	Yes#; Employer required to provide employee training2
Missouri	21+ years	$75 [every 3 years]	No	No	Yes#; Employer required to provide employee training2
Montana	18+ years	$50/year	Yes; Applicant required to disclose prior felony convictions, but this does not automatically prohibit employment	Yes	Yes; State- certified training (2 times/year), exam score ≥80% on both to pass3
Nevada	21+ years	$75/year	Yes; Denied if: felony conviction of violence or related to a controlled substance (ever), noncompliant with child support (current)	Yes	Yes#; Employer required to provide employee training2
New Jersey	21+ years	$25	Yes; Denied if: conviction (ever) related to booby traps of a manufacturing/distribution facility, employing a juvenile in a drug scheme, distribution of drugs or drug paraphernalia to person <18, counterfeit drugs/medical devices, fraud, deceit, embezzlement; any other conviction, completion of probation or parole, or release from incarceration (past 5 years) -Cannot be disqualified on the basis of the above convictions if the applicant has demonstrated clear and convincing evidence of rehabilitation to the Commission, based on: proposed job duties, nature and seriousness of crime, circumstances under which crime occurred, date of crime, applicant age when crime committed, whether crime was an isolated incident, any contributing social factors, good conduct while incarcerated or in the community, counseling or psychiatric treatment received, acquisition of schooling, participation in a correctional program, or a recommendation by a supervisor	Yes	Yes; State- certified training (yearly); 8 hours of training3
New Mexico	21+ years	N/A	No	No	No
New York	18+ (no customer contact) 21+ (customer contact)	N/A	No	No	Yes#; Employer required to provide employee training2
Oregon	21+ years	$100 [every 5 years]	Yes; Denied if: cannabis license previously revoked (past 2 years) due to: being in the habit of using alcohol, habit-forming drugs, cannabis, or controlled substances to excess; making false statements to the commission; being incompetent or physically unable to work; conviction related to the fitness/ability to carry out job duties; not being of good repute and moral character; convictions related to the manufacturing and delivery of cannabis are not considered. If excluded due to the above, the individual is not eligible to re-apply for two years. -Other exclusions (past 3 years): felony convictions related to: possession, manufacturing, or delivery of a controlled substance; violence; dishonesty or deception (including theft, fraud, and forgery); crimes involving firearms; or more than one conviction of any of the above within the past 5 years; or has made a false statement to the Commission (ever).	Yes	Yes#; State- certified training, exam score ≥70% to pass3
Rhode Island	21+ years	N/A	Yes -Cannot be disqualified solely based on convictions related to cannabis possession or crime unless the crime involves distribution to a minor or the crime substantially relates to the job position; or if the crimes are eligible for expungement or have been decriminalized.	Yes	No
Vermont	21+ years	$50 [every 2 years]	Yes; Negative suitability/presumptive disqualification but not automatically excluded include convictions of: abuse, neglect, assault, or other acts involving endangerment or violencec; financial exploitation, exploitation of services, fraud/deceit/embezzlement, fraudulent use of the cannabis employee card (e.g., tampering, falsifying, altering, duplicating, or allowing another person to use it), failure to notify the Board of a lost/stolen/destroyed cannabis employee card, demonstrations of ongoing involvement with organized criminals (e.g., gangs, drug cartels), drug trafficking (specific to cocaine, heroin, fentanyl, and methamphetamine; or a non-violent drug distribution of a regulated substance in a jurisdiction that has a maximum penalty of 30 years of incarceration or greater), diversion of cannabis from a past cannabis establishment employer, dispensing cannabis to a person <21, misdemeanor convictions except for non-violent offenses (past 2 years), felony convictions except for non-violent offenses (past 5 years), revocation of a cannabis employee card (past 2 years, or twice total), or the attempt to commit any of the above offenses, or failure to disclose any of the above offenses (pending or convictions) on the application or after employment. -Applicants can overcome this presumptive disqualification if the board deems the individual qualified, based on: proposed job duties, nature and seriousness of crime, circumstances under which crime occurred, date of crime, applicant age when crime committed, whether crime was an isolated incident, any contributing social factors, and evidence of rehabilitation.	Yes	Yes; Employer required to provide employee training (yearly)2
Washington	21+ years	N/A	No	No	No

Notes: Application requirements (background checks, fingerprinting, training) coincide with renewal periods listed in the application fee column unless otherwise specified.

^*No additional information provided.

^#Frequency not specified.

¹Training not required; the state cannabis agency provides a free 30-minute educational interactive training course.

²Cannabis retailers required to train employees according to employee manual, which must include information regarding specific topics, varying by state; see Supplementary Table 1.

³State-required trainings specified, see Supplementary Table 1 for additional details.

^a$150 (if level 1 fingerprint clearance card) or $300 (if have fingerprint verification form and cards)

^bExamples of related offenses (but not limited to): violent crime; fraud, deceit, or embezzlement; using a minor to perform actions related to controlled substances; drug trafficking. Licenses cannot be denied based solely on: convictions where the sentence (including probation, incarceration, or supervised release) is completed for possession, intent to sell, sale, manufacturing, transporting, or cultivating controlled substances.

^cIncludes sexual abuse or exploitation, stalking, aggravated assault, domestic assault, sexual assault, lewd or lascivious conduct, assault and robbery with a dangerous weapon or that caused bodily injury, maiming, murder or manslaughter, arson causing death, driving while under the influence and causing death or serious bodily injury, burglary, kidnapping, human trafficking, unlawful restraint, reckless endangerment, negligence resulting in serious bodily injury or death, violation of an abuse prevention order (except in emergency circumstances), leaving the scene of an accident with serious bodily injury or death.

Results

Table 1 summarizes the 20 states’ budtender requirements. Seventeen (85%) required budtenders to be ≥21 years old; 3 states required budtenders to be ≥18 years old (15%; Connecticut, Montana, New York [if no customer contact; 21+ otherwise]). Budtender applications often involved fees (n=13, 65%; all but California, Maryland, Michigan, New Mexico, New York, Rhode Island, Washington), ranging from a one-time fee in New Jersey ($25) to a recurring fee in Arizona ($300, every two years). Given that most states required applicants to renew budtender licenses/permits (e.g., annually, biannually), other application requirements detailed below (e.g., background checks) also had to be repeated, coinciding with the renewal frequency.

Most states (n=16, 80%; all but Missouri, New Mexico, New York, Washington) required prospective budtenders to undergo a background check. Of these, 10 states (50%; Alaska, Arizona, Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, Nevada, Oregon) provided lists of felony convictions or delinquencies that would prevent employment, with conviction type and date of occurrence being state-specific. In 5 states (25%; California, Massachusetts, Montana, New Jersey, Vermont), felony convictions did not automatically exclude participants; the Department for Cannabis Control could determine eligibility based on a variety of factors (e.g., circumstances, rehabilitation). However, 2 states could reject applicants based on unspecified ‘substantial reasons’ (Maryland) or their ‘reputation and moral character’ (Oregon). Applicants who were denied were allowed to request hearings/petition in 2 states (10%; California, Massachusetts). Fingerprinting was also required in 12 states (60%; Arizona, California, Colorado, Illinois, Maine, Maryland, Montana, Nevada, New Jersey, Oregon, Rhode Island, Vermont).

Some form of training was required in 7 states (35%; Alaska, Illinois, Maryland, Massachusetts, Montana, New Jersey, Oregon), although direct links to training websites were not always available. The nature of the trainings varied in terms of cost, content, timing, frequency, and testing (Table 1, footnotes). In Alaska and Montana, budtenders were required to complete a state-approved training course. Illinois, Maryland, and Massachusetts required budtenders to take a responsible vendor training course annually. Additionally, Illinois, Massachusetts, and New Jersey required budtenders to complete 8 hours of training annually. Maryland, Massachusetts, Montana, and Oregon were the only states that required budtenders to take and pass a permit test, requiring a minimum score of 70% (Maryland, Massachusetts, Oregon) or 80% (Montana). Fees related to required trainings were only found in Alaska ($9.95-$50) and Illinois ($64.20-$175). Although state trainings were not required in Michigan, Missouri, Nevada, New York, or Vermont, cannabis retailers were required to train employees according to an employee manual, which must contain information related to cannabis safety, use, access, and verifying age and identification.

Discussion

To date, this study is the most comprehensive assessment of state requirements for budtenders working in non-medical establishments. Three states required budtenders to be only ≥18 years old, despite legal minimum purchase age of 21. Only 7 states required training, and few state cannabis licensing board websites provided information on what trainings entailed (i.e., visiting the training website directly was necessary to see content) or provided links to official trainings. As such, the quality of these trainings and which trainings earned state-sanctioned certifications were unclear. Trainings varied in cost, length, whether and how knowledge acquisition was assessed, and the number of testing attempts allowed. Future studies should assess whether training increases budtender knowledge, regulatory compliance, or effective consumer education. For example, although most trainings included information on checking identification, there was a lack of training regarding maintaining required signage and restrictions on how or what budtenders could communicate to consumers (e.g., recommendations). As suggested by the alcohol and tobacco literature,¹¹ regulatory compliance could be enhanced through more rigorous requirements for budtenders, for example, establishing a comprehensive curriculum, set of learning objectives, and benchmarks of knowledge acquisition across states.

Thirteen states had application fees, with some over $100 and requiring annual renewal. Sixteen states required background checks, with 12 also requiring fingerprinting (sometimes annually), which may involve additional costs to applicants (i.e., ~$50 for background checks, $20-$66 for fingerprinting). More than half of the states requiring background checks specified that a felony conviction would prevent employment. States with older active non-medical cannabis markets, such as Washington, had almost no requirements. In contrast, most states that legalized non-medical cannabis more recently required trainings, had no application fees, and did not require background checks. Future research should compare required fees, conviction-related exclusions, and other budtender requirements to requirements for other positions that handle substances that can be misused or are restricted to adults (e.g., bartenders, methadone treatment facilities).

Findings have implications for equitable employment. Application fees and related expenses may hinder the ability of those from low socioeconomic status backgrounds to apply. While there is rationale for some felony-related exclusions for employment in the cannabis industry, such exclusions may decrease employment opportunities for disadvantaged populations. Another study indicated that budtenders who had (vs. had not) received training were more likely to identify as White or Hispanic (vs. Black or another race) and were less likely to have health insurance.¹⁰ Unfortunately, these implications contradict the spirit of equity-related policies in some states, for example, policies that provide specific pathways/priority licensing for underrepresented populations and/or expunging drug-related criminal records.¹² On the other hand, allowing individuals who have cannabis-related felony convictions to serve as budtenders may facilitate equity-related goals; however, careful consideration may be needed regarding the nature and severity of convictions and whether particular oversight is needed for budtenders with such prior convictions.

The current study is limited by its focus on state laws, excluding local jurisdiction regulations or retailer-specific requirements. However, these findings provide crucial insights into the intersections of public health and social justice. It is imperative for policymakers to enact regulations that mandate evidence-based training for budtenders and address potential inequities related to cannabis, particularly related to equitable employment opportunities.

Implications for Policy and Practice.

• Regulatory compliance for budtenders could be enhanced through more rigorous requirements, as suggested by the alcohol and tobacco literature

• Having consistent training plans and benchmarks of knowledge acquisition across states is an essential next step to budtender education

• To increase equity, policies may be developed to provide specific pathways for underrepresented populations (e.g., financial support for background check fees)