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.

What is the stance on recreational marijuana?

2019 brought with another year of no recreational marijuana for the citizens of New York, but then people were expecting it to be legal last year too. There is an expectation that there will be more attempts to do so. Why has there been such a fuss? It has been tough to come up with a middle ground that takes into account the minors who are the victims of the ongoing drug wars. Then there is the question of how the government handles the sale and distribution of marijuana. Should counties be allowed to refuse to sell, or should homegrown plants be allowed?

In case marijuana is deemed legal, who should be allowed to sell it.
This is the question that was the reason behind the death of the mandate last year as well. A significant number of advocates have accused the current administration of favoring the larger companies for the production and sale of marijuana.

Advocates are pushing for a three-tier system that is the alcohol companies have been utilizing, as this system effectively separates the manufacturing, retailing, and wholesaling in most cases.

On the Social front, advocates are also hoping for the legalization to help counties affected disproportionately by criminal enforcement. This is why the legalization bill last year was welcomed.

What about growing your own marijuana?

Another question that is acting like a big hindrance is the question of individual freedom to grow marijuana. The initial plan did not allow for home growing.
However, later proposals did show a particular leaning towards the possession of up to 6 plants for personal use.

Because of what energy-intensive process marijuana is, this does not seem to be something that the legislation would approve.

What does decriminalization mean?

There are two parts to this bill. One reduces the penalties for possession significantly; the other was the clearing the records of low-level convictions.

The charge for being in possession of cannabis has changed from a misdemeanor to a violation. This translates to a fine and not criminal charges. The second one would automatically lead to 500,000 people getting their records expunged.

One needs to understand that decriminalization is not the same as legalization. Marijuana remains illegal, and growing and selling it is punishable by law.

What about CBD?

This was easily answered at the beginning of the year. But now it is muddled, as products containing CBD are not allowed, but that is still hazy. So edibles containing CBD are illegal, but this does not apply to topical oils, patches, tinctures, or other users. Medical Marijuana is also still allowed, but only for a particular list of issues.

So, there is a lot of shuffling taking place when it comes to the laws regarding marijuana usage in New York. The biggest issue that legislators are going through is the absence of a people’s mandate that usually helps the legislators in the creation of a bill allowing the use of marijuana in the state.

Tag: cannabis card

Can I Get A Medical Marijuana Card With A Felony?