Can I Get A Medical Marijuana Card With A Felony?

Get A Medical Marijuana Card With A Felony

With the legalization of the use of medical marijuana in 37 states of the USA, there has been a sustainable rise in the number of marijuana consumers. Obtained from the Cannabis Sativa plant, cannabis or marijuana is a popular psychoactive substance known for recreational and medical benefits. However, the laws and qualifying conditions for the use of marijuana vary from state to state.

The criteria usually include being a U.S. citizen and having the appropriate age. For instance, the legal age to use marijuana in most U.S. states is a minimum of 21.

But what if you are charged with a felony? To people’s knowledge, in the USA, a felony is a highly serious crime like murder or rape compared to less serious offenses. The punishment for felonies is generally very severe depending on the type of the crime. Millions of people live with a felony in the USA. Convicted felons lose many rights in the United States, including voting, foreign travel, parental perks, and social benefits.

Not getting a Medical Marijuana Card can be another right that a convicted felon may be deprived of. However, this depends on where you live. Before we dive deeper, let’s first understand what an MMJ card is.

An Overview of Medical Marijuana Card

Though marijuana is well known as a recreational drug, it is known to help individuals boost their health and quality of life. Medical marijuana is an alternative drug for people suffering from various health issues like depression and anxiety to name a few.

However, it is important to get a medical marijuana card to use marijuana for medical use. An MMJ card is a document approved by a certified medical expert that allows someone to legally obtain and use marijuana to real all of its medical benefits. However, there are certain conditions like appropriate age that you must qualify for to get an MMJ card. The qualifying conditions vary from state to state.

Can I Get Medical Marijuana Card With a Felony?

In some USA states like Mississippi, certain felons convicted of serious crimes like rape, don’t have voting rights. For a convicted felon even accessing normal things like getting a job, travelling, or voting is a roadblock.

Imagine how hard it can be to get an MMJ card. Interestingly enough, obtaining an MMJ card with a felony depends from state to state.

For convicted felons, it is feasible to get an MMJ card approved by a licensed physician, however, you are subjected to a background screening.

This background check focuses on your criminal history and record. While the offences listed in your criminal record are important, the most vital will be whether or not you are charged with a drug offence. In case you are charged with a drug offence, there is a high chance that you won’t qualify for an MMJ card.

States That Allow Felons to Use MMJ

Interestingly, a convicted felon is more deprived of benefits like voting rights and public housing than medical marijuana.

A majority of MMJ programs have no hard restrictions for felons. In most cases, one must qualify the following conditions to get an MMJ card

  • Above a specific age limit
  • Suffering from a health issue
  • Completing the application form honestly
  • Recommended by a licensed doctor
  • Licensing fee payment

There are many states that are in favour of allowing felons to use medical marijuana. This includes

California: As per Proposition 64 in California, nonviolent marijuana criminals can clear their records. Doing so allows them to enjoy rights like getting a gun licence, enjoying a government job, and starting a cannabis-growing business.

New York: Similarly, with the legalisation of recreational marijuana in New York, the bill allows felons to get an MMJ card in NY. However, it is important to get it approved by an authorised cannabis doctor in NY.

Arizona: Arizona allows drug traffickers, murderers, and felons to get an MMJ card after receiving certification from a licensed medical marijuana doctor.

States That Don’t Allow Felons to Use MMJ

Most U.S. states allow felons to get an MMJ card. However, exceptions do exist. Some U.S. states that don’t issue an MMJ card if you are convicted are

Illinois: Sadly, Illinois is one of the states that don’t allow felons convicted of drug offenses to access or get an MMJ card.

As per state law, the person applying for an MMJ card needs to get their fingerprints scanned and go through a background check. You won’t get an MMJ card in case your reports show that you have been charged with a drug offense.

It is important to note that applicants who clear test results under the provision for first-time offenders can easily get MMJ cards.

Iowa: Just like Illinois, Iowa doesn’t allow felons convicted of drug offences to get an MMJ card. The state follows a simple mantra, “Once a criminal, always a criminal.”

Can Felons Get Medical Marijuana Business Licence?

 

As mentioned above, states like New York and California allow felons to use medical marijuana to improve their health conditions. But when it comes to getting a medical marijuana business licence, things are different.

As per legal marijuana programs, it is restricted to get a commercial business licence if the felon is convicted of drug offences.

Almost every U.S. state has similar restrictions to “legitimize the trade”. The main reason behind this is the trading of marijuana from a legal to an illegal state.

Let’s Wrap Up

Hopefully, most of your doubts are cleared. Overall, a convicted felon can get an MMJ card in most legal states except Illinois and Iowa at present.

Last but the least, it is important to know that many states impose restrictions on caregivers with felony convictions. To your knowledge, a caregiver has a legal right to buy, transport, and deliver medical marijuana to a qualified patient.

Suffering from health conditions like depression or anxiety? If yes, medical marijuana is the right medicine for you. However, it is recommended to approach NY Medical Card to get a Medical Marijuana card from a licensed doctor on the same day.

How to Renew Your New York Medical Marijuana Card?

Renew New York Medical Marijuana Card - NY Medical Card

The medical marijuana card has many benefits, so it does not make sense for a medical user to spend extra unnecessarily when they have to make regular purchases. So, if you are wondering whether you should get your New York medical card renewed, the answer is yes.

Worry not, it isn’t as tedious as it may sound. Some patients have had to undergo long and tiring processes to obtain a medical card in the past and feel that getting a renewal must be just as difficult.

At NY Medical Card, getting a new card or renewing one are very easy and smooth operations. So, if you have had trouble with any clinic in the past, rest assured it won’t happen here. We are known for our instant consultations and quick approval of cards.

So, let’s have a look at the easy process of renewing your marijuana medical card in New York.

How to Renew an MMJ Card in New York?

Getting a renewal on your medical card is actually much easier than applying for one for the first time. Typically, you need to get your card renewed after a year of having it issued. However, you can also apply for it when you have 30 days left for its expiration.

On the other hand, filing for the renewal within 30 days of its expiry will also ensure that you do not have to go through the initial steps again. Doing so in the mentioned time frame means that you won’t have to go even a few days without your medication.

The steps for getting an MMJ card renewal in New York are:
  • If you have been diagnosed with a qualifying condition, you simply have to book a consultation over telemedicine. If you are getting your renewal at the same place where you got your card initially, then you’ll have to undergo another consultation. This allows the doctor to determine whether your condition is still valid, and that you still have a need for a medical card.
  • Even if you have a consultation with the same doctor as before, it is advisable to be prepared with proper documentation. You will need a government-issued photo ID, such as a passport or driver’s license, along with medical records regarding your qualifying condition. If there have been any changes in your health since first getting the card, make sure to convey them to the doctor. Also mention any medications you may have stopped or started taking.
  • After the consultation, you should get the approval soon. Then you have to file the corresponding paperwork with the state. This step is often confusing to most medical users, but our team is here to guide you through it. You can learn how to get through the process easily. Furthermore, almost all of it can be done online, so you do not have to leave the comfort of your home for any part of the renewal process.

For the final step, you just have to pay for the card renewal and any applicable state fee. Although most online 420 doctors take a few weeks to send your card through mail, some issues with the state could also delay it. This is why it is always best to apply before time for a renewal so you won’t be left without access to your medication.

Related – New York Marijuana Laws : Everything You Need to Know

Benefits of Renewing Your Medical Card

As a New York citizen, the thought must have crossed your mind if you should just start purchasing weed recreationally. Although you could do that, there are several benefits of sticking to the medical card, such as:

  • If you are below the age of 21, but above the age of 18, you can legally purchase medical marijuana without any hassle, as long as you possess a medical card. Even minors are allowed to get the card, if a caregiver or guardian signs off on it. However, the caregiver must be older than 21.
  • You get access to exclusive deals and discounts. As a medical patient in New York, you can save up to 9% sales tax on every purchase. On the other hand, recreational users get no sort of exemption. So, if you have to regularly purchase marijuana, the bills would stack up without any discounts at all.
  • Although recreational cannabis can now be purchased in New York, medical users get full legal security. For instance, you would experience more leniency when found traveling with or transporting marjuana within the state boundaries.
  • As per the 2021 MRTA Act, the legal possession limit for adults over the age of 21 is three ounces. However, medical patients are allowed to purchase and possess 60 days worth of medical cannabis at a time. They are also allowed to shop products like semi-solids, solids, topicals, edibles, and smokeables with high THC content with no regulations.

These are some benefits of obtaining and renewing a medical card in Marijuana. Now let’s address some common questions regarding the renewal process.

Frequently Asked Questions

 

What to Do If My New York MMJ Card Has Already Expired?

You can still apply for re-registration, but it will take a few days extra for the state to process your application with an expired MMJ card. If you make any purchases during this waiting period, you must remember that you’d be doing so as a recreational user. So, you won’t have access to any benefits that medical users do.

This is why you shouldn’t delay your renewal, especially if marijuana works perfectly for your condition. It is best to not be in a situation where your treatment is interrupted.

Do I Need to Get the Renewal at the Same Place I Got My New York MMJCard?

No, you do not have to visit the same doctor for a renewal. You can get your medical card renewed from anywhere you like.
If you are looking for reliable doctors online, get in touch with us today! We will help you get your medical card renewed without even leaving your house.

Understanding New York Medical Marijuana Laws- Is Weed Legal in NY?

New York medical marijuana laws came into effect after Gov. Andrew Cuomo signed New York’s Medical Marijuana Bill into law in July 2014. The law, which is now popularly referred to as the Compassionate Care Act (S7923), protects patients as well as caregivers after obtaining a registry identification card issued by a licensed or registered physician. 

New York became the 23rd state to introduce marijuana legalization for patients with debilitating medical conditions. And all of this happened in the presence of Amanda Houser. A patient that was suffering from Dravet Syndrome that caused her to experience multiple seizures every day. Patients like her could now access medical marijuana and alleviate their symptoms without fearing any legal hassles anymore. 

What Are the New York Medical Marijuana Laws?

Precisely the following laws or acts are working in the state of New York concerning the use of medical marijuana. Here are the laws that govern all the rules and regulations concerning marijuana legalization in New york.

AB 6357

This bill governs the “medical use of marijuana.” It gives you an idea of the laws of New York concerning the use of medical marijuana by patients. And how they can get access to different products. Patients often get confused about “Is weed legal in New York?” irrespective of the fact that different sets of laws guard the use of medical marijuana. 

I am taking you through the guidelines issued by the Department of Health, New York. Make sure you go through the rules clearly to avoid any legal issues. 

Senate Bill S6579A

As per this law, residents across the state can now smoke or possess around 2 ounces of marijuana without any criminal implications. This changes the position of marijuana possession from a low-level misdemeanor to a non-criminal violation. But, there is a glitch, you can receive a summon that might result in fines. A penalty might be as less as $50 or a max of $200. 

Source 

How to Become a Qualifying Medical Marijuana Patient in New York?

There are a lot of complexities to becoming a legal marijuana patient in New York. It does not end with doctor recommendations. Let’s delve into some more information concerning the New York medical marijuana laws and regulations.

What Medical Conditions Will Make You Eligible For Medical Marijuana in New York?

Not every medical condition is enlisted among the qualifying conditions. If you have one or more severe debilitating or life-threatening medical conditions such as:

  1. Cancer
  2. HIV/AIDS
  3. ALS (Amyotrophic Lateral Sclerosis)
  4. Parkinson’s Disease
  5. Huntington’s Disease
  6. MS
  7. Spinal Cord Injury including Spasticity
  8. Epilepsy
  9. IBD
  10. Neuropathy
  11. PTSD
  12. Chronic pain (Only the ones that degrade your ability to conduct your daily life activities or your health as a whole)
  13. Or any other debilitating conditions including one or more of the complications such as Cachexia, severe or chronic pain, nausea, seizures, Opioid use disorder, persistent muscle spasms. 

How to Register For a Medical Marijuana Card?

  1. The first step to entering a medical marijuana program is finding a registered practitioner. After finding one, ask him/her to certify you as a qualifying patient. 
  2. Then click on the icon referring to “ Health Applications,” and then click on the “Medical Marijuana Data Management System.” There is a $50 fee as per the Compassionate Care Act. However, for now, the Department is waiving the prices for all caregivers and qualified patients. 
  3. Patients are given a chance to designate at least two caregivers. Once your registration is processed, look for the caregiver’s enrollment in the next part of the article.
  4. After the approval, the department will issue a temporary registry identification card that can be used with the government-issued photo identification until you get your final ID card via mail. At the time of renewal, the patient and caregiver must register at the same time. 
  5. Patients must always carry their ID cards and certifications whenever purchasing their medications. 

Frequently Asked Questions About Medical Marijuana Use in New York

One can find patients looking for several queries concerning “how much weed is legal in New York?” or “what weed is legal in New York?” We have enlisted some of the vital queries tp help you with all those questions. 

What are the forms of medical marijuana products allowed in New York?

The following are the approved forms of medical marijuana available in New York, but they are are not limited to just that. They include solid or semi-solid dosage forms like capsules, tablets, or lozenges, oils for vaping or for oral use, ground preparations or marijuana plants, topicals, and transdermals. Edibles are prohibited as per New York medical marijuana laws. 

What Must a Practitioner Certificate Include?

The certifying practitioner must include all the information such as the approved form of medical marijuana, its administration method, any limitations associated with it. If there is a recommended dosage, include that as well in the certificate. 

How much Weed is Legal in New York?

Registered organizations can dispense not more than 30- day supply of medical marijuana to any certified patient or designated caregiver. You can get the information about registered organizations by clicking here.

How to Buy Medical Marijuana at Registered Organizations?

Certified patients or designated caregivers must always carry their registry ID cards along with certifications to possess or carry the approved marijuana products. Make sure you don’t travel with these products outside the state. Caregivers need to carry their registry ID cards along with their patient’s certifications to dispense any approved products. 

How to Register as a Designated Caregiver in New York?

Any designated caregiver needs to register with the Department of Health to receive a registry identification card. They can possess, deliver, transfer, transport, or administer marijuana products to their patients using that. As per the New York medical marijuana laws, you need to follow the below-mentioned steps to complete your registration process. But, before anything, patients must designate you as their caregiver within the Medical Marijuana Data Management System. Once that is done, you have to follow the exact steps as one does for applying as a patient. 

If you are running a caregiving facility, you can still register as a designated caregiver. The Department of Health allows the following facilities as designated caregivers. 

  1. General hospital operating as per Article 28 of Public Health Law
  2. An adult care facility that is operating as per Title 2 of Article7 of the Social Services Law. 
  3. A mental Health hygiene facility or a residential treatment facility for children or youth in accordance with Article 31 of Mental Hygiene Law.
  4. A private or public school. 

How to Register as a Practitioner With The Medical Marijuana Program?

As per the 10 NYCRR §1004.1(a), if you wish to issue medical marijuana certifications, you must:

  1. Be qualified to treat patients with one or more medical conditions. For that, you must have a valid Federal Drug Addiction Treatment Act of 2000 certification. 
  2. Be practicing medicine as per Article 131 of the NYS Education Law. Or be certified as a nurse practitioner as per Article 139 in the same law. You can also be licensed physician assistance as per Article 131-B of the NYS Education Law. 
  3. Have completed a course approved by the Commissioner of the Department of Health. 
  4. Be registered with the New York State Department of Health Medical Marijuana Program.

You can look for the relevant information for registering as a designated practitioner by clicking here. 

Summary of New York Medical Marijuana Laws- Compassionate Care Act

Patients

  1. A registered health care practitioner must certify them.
  2. They must have a qualifying medical condition (debilitating or life-threatening).

Practioner 

  1. Report all the information to the Department of Health.
  2. Must certify medical marijuana within limits.
  3. They can never certify themselves as patients.

Caregivers

  1. Must be registered with the Department of Health.
  2. They must be above the age of 21 years.
  3. Cannot help more than five designated patients.