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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.

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6 Points To Remember Before Applying For A Medical Cannabis Card

6 Points To Remember Before Applying For A Medical Cannabis Card

Are you applying for an MMJ card in New York? If yes, then that’s a good thing. You are opening your doors to a number of privileges including legal security and money savings. You wouldn’t have had access to it without a medical card. But, while applying for one has no harm whatsoever, being ignorant of the important facts before getting a medical card may lead to risky situations. For example, are you aware of the laws? Of the limitations? Any specific points to remember that can get you into legal problems if not followed? 

I’m not making any assumptions but all of these questions have an answer. And you must learn of all these answers before applying for and using your medical card in New York. So read along and educate yourself on the important points that you must know before getting a medical cannabis card. 

Limitations 

It is true that a medical card provides you certain privileges that do not extend to recreational cannabis. But it does not mean that you are not bound by any limitations. Cannabis comes from a history of legal struggles. And its legalization in 33 states of the US didn’t come easy. But despite the recognition as a medicine on the state level, the use of cannabis has to be kept under control. Even in a state like New York where you can only use cannabis with a medical card. 

This is why, all states that have legalized medical or recreational cannabis, follow a medical marijuana program that lays down the marijuana laws of a state. All cannabis consumers have to abide by the laws to avoid any legal penalties. For example, in the city of New York, you can only possess a maximum of a 30 day stock of your medicine. 

Renewal

Now you know that when you are in New York, a medical card is a must to use medical cannabis. But before you apply for a medical card let me tell you that it will be a commitment. What I mean by this is that if you wish to keep using cannabis and enjoy the privileges, you will have to get a renewal for your medical card. This is because every medical card has a validity of only one year from the date of issuance. Upon expiry, you will have to apply for a renewal. 

The good news here is that it is a pretty simple process. More than likely, the place you got your card from will have a renewal service too. So you can get in touch with them and resume your services. Or you can even get it done online. It’s just a 10 minute process before you receive your renewal on your email.

Not all states have the same laws

If you are one who crosses borders often and also uses medical cannabis, it is very important that you realize that every state follows a different medical marijuana program. And so has a different set of marijuana laws. Let’s take the instance of New York and California. While the former is known to have the strictest laws for marijuana, the latter is more liberal to a point where recreational cannabis is also legal. Similarly, California practices medical marijuana reciprocity which means that a medical card of any state can be used in CA. But the same cannot be said about New York. Also, you can find a lot of varieties of cannabis products in California whereas in New York, smokeables and edibles are not legally allowed.

 

So irrespective of the fact that you have a medical card or not, if you move from one state to another without being acquainted with their marijuana laws, you may have to face a legal persecution. 

You can use medical marijuana if you’re under 18

That’s right. Even if you are under 18, you can use medical marijuanna. However, it’s not as simple as it sounds. There are a number of restrictions that have to be followed. For starters, you will have to get a recommendation. Only if a licensed doctor finds your condition to be suitable for using cannabis, you will be given a recommendation. 

Secondly, you cannot buy your own cannabis but you can have someone else to do it for you. They are called caregivers. They will look after your daily dose and be responsible to get medical cannabis for you. So you can designate 2 caregivers for yourself. They must be a citizen of New York and of the age of 21 years or above. If these conditions are met, they can register with the New York Health Department as your designated caregiver.  

You can still get arrested

Cannabis has evolved from being called a gateway drug to medical aid. But even today, the legalities surrounding cannabis aren’t as simple as you may think. With a medical cannabis card in New York, you are allowed to use and buy cannabis without any legal trouble. But, if you ignore the medical marijuana laws of the state, you may still be arrested. For example, if you are found using your medical card to buy cannabis for someone else, it will be considered illegal. Or if you are found with more cannabis than you are legally allowed to possess.

Along with this, the fear of arrest comes from the federal laws. While medical cannabis is legal in New York, the federal government does not consider it as a medicine. So federally, cannabis is still an illegal drug. But you don’t have to worry as long as you are under the state jurisdiction and own a medical card. But if you enter federal jurisdiction, such as the air space after a plane takes off and the state borders, you are susceptible to an arrest. 

Make sure your doctor is legit

While getting a medical card in New York is a 10 minute process, you must not be so quick in settling for a clinic or a doctor. With telemedicine, the number of unregistered clinics and doctors has increased. So you must make sure that your doctor is licensed by the New York Government and works in a clinic with a real location. You must be able to verify the address of your doctor or the New York Health Department will not accept your medical card. 

Now that you have gone through some of the important points about a medical card, go ahead and apply for one right now. Just remember, choose a trusted source only.