Feds OK pot background checks by Washington state

SEATTLE — After a year of requests, the U.S. Justice Department said Thursday it is giving Washington state access to an FBI database so it can conduct nationwide background checks on people who apply to run legal marijuana businesses.

In a statement provided to The Associated Press, the department said allowing the checks is consistent with its priorities in letting legal marijuana experiments in Washington and Colorado move forward — including keeping people with troublesome criminal histories out of the industry.

Washington state officials first asked last April for permission to run the checks.

Without explanation, the federal agency declined to respond, even though it had allowed similar checks on medical marijuana licensees in Colorado, and Washington state eventually started issuing licenses without the nationwide background checks.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

The discrepancy highlighted the difficulty the feds face as they allow the states to experiment with regulating a drug that’s long been illegal under federal law.

The Obama administration has said it wants the states to make sure pot revenue doesn’t go to organized crime and that state marijuana industries don’t become a cover for the trafficking of other illegal drugs. At the same time, federal authorities don’t want to actually help the states violate federal law.

Responding to an AP inquiry on the topic last month, the DOJ said only that it was reviewing its background check policy “to ensure a consistent national approach.”

The DOJ’s statement Thursday emphasized that while the FBI maintains the database, states that want to license medical or recreational marijuana operations in accordance with their laws will be running the checks.

“This decision to permit states and localities to perform their own background checks for marijuana licenses is consistent with our previous guidance designed to protect public safety and ensure strict regulation of those businesses,” the statement said.

Jaime Smith, a spokeswoman for Washington Gov. Jay Inslee, said in an email that the decision was “certainly helpful in our efforts to move forward and establish a strong regulatory framework.”

Alison Holcomb, a Seattle lawyer who drafted Washington state’s legal pot law, called the change a relief.

“It’s an issue of consistency,” she said. “The DOJ set forth a specific set of goals it expected Washington to meet, and the refusal to perform nationwide background checks appeared to be an obstacle to allowing the state to meet those goals.”

Washington state has issued 10 marijuana growing licenses since granting the first one a month ago. The state’s Liquor Control Board has collected fingerprints from all of the applicants and is now expected to run the nationwide checks retroactively.

In Washington, officials use a point system to determine whether someone’s criminal history is too concerning to grant them a license to grow, process or sell marijuana under the state law passed by voters in 2012. A felony within the past 10 years normally disqualifies an applicant, as does being under federal or state supervision for a felony conviction.

In the absence of national background checks, officials have relied on background checks by the Washington State Patrol to find any in-state arrests or convictions. Applicants must have lived in Washington state for three months before applying, and many are longtime Washington residents whose possible criminal history would likely turn up on a State Patrol check.

Others specifically moved to the state in hopes of joining the new industry.

Applicants are required to disclose their entire criminal history — with omissions punishable by license rejection.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Edmonds Mayor Mike Rosen goes through an informational slideshow about the current budget situation in Edmonds during a roundtable event at the Edmonds Waterfront Center on Monday, April 7, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds mayor recommends $19M levy lid lift for November

The city’s biennial budget assumed a $6 million levy lid lift. The final levy amount is up to the City Council.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

A firefighting helicopter carries a bucket of water from a nearby river to the Bolt Creek Fire on Saturday, Sep. 10, 2022, on U.S. 2 near Index, Washington. (Ryan Berry / The Herald)
How Snohomish County property owners can prepare for wildfire season

Clean your roofs, gutters and flammable material while completing a 5-foot-buffer around your house.

(City of Everett)
Everett’s possible new stadium has a possible price tag

City staff said a stadium could be built for $82 million, lower than previous estimates. Bonds and private investment would pay for most of it.

Jennifer Humelo, right, hugs Art Cass outside of Full Life Care Snohomish County on Wednesday, May 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘I’ll lose everything’: Snohomish County’s only adult day health center to close

Full Life Care in Everett, which supports adults with disabilities, will shut its doors July 19 due to state funding challenges.

The age of bridge 503 that spans Swamp Creek can be seen in its timber supports and metal pipes on Wednesday, May 15, 2024, in Lynnwood, Washington. The bridge is set to be replaced by the county in 2025. (Ryan Berry / The Herald)
Snohomish County report: 10 bridges set for repairs, replacement

An annual report the county released May 22 details the condition of local bridges and future maintenance they may require.

The Edmonds City Council gathers to discuss annexing into South County Fire on Tuesday, Dec. 3, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Community group presents vision for Edmonds’ fiscal future

Members from Keep Edmonds Vibrant suggested the council focus on revenue generation and a levy lid lift to address its budget crisis.

Some SnoCo stores see shortages after cyberattack on grocery supplier

Some stores, such as Whole Foods and US Foods CHEF’STORE, informed customers that some items may be temporarily unavailable.

A rainbow LGBTQ+ pride flag hanging from a flag pole outside of Lynnwood City Hall moves in the wind on Tuesday, June 10, 2025, in Lynnwood, Washington. (Olivia Vanni / The Herald)
Lynnwood to develop policy after pride flag controversy

Earlier this month, the city denied a group’s request to raise an LGBTQ+ pride flag at a public park, citing the lack of a clear policy.

The Washington state Capitol on April 18, 2025. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
Washington governor wants agencies to look for deeper cuts

The state’s financial turmoil hasn’t subsided. It may get worse when a new revenue forecast comes out this month.

Members of the California National Guard and federal law enforcement stand guard as people protest outside of the Edward R. Roybal Federal Building and Metropolitan Detention Center in Los Angeles, on Tuesday. (Philip Cheung/The New York Times)
Ferguson prepares for possibility of Trump deploying troops in Washington

The governor planned to meet with the state’s top military official Tuesday, after the president sent the National Guard and Marines to respond to Los Angeles protests.

Traffic slows as it moves around the bend of northbound I-5 through north Everett on Wednesday, May 22, 2024. (Olivia Vanni / The Herald)
Officials: SnoCo commuters should prep for major I-5 construction

Starting in June, a significant repair project in Seattle will close northbound I-5 for days and reduce the number of open lanes for weeks.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.

You're browsing in private mode.
Please sign in or subscribe to continue reading articles in this mode.

The Daily Herald relies on subscription revenue to provide local content for our readers.

Subscribe

Already a subscriber? Please sign in