Can a Felon Get a Medical Card in Arkansas?

In case you have had felony charges in the past and you are living in the state of Arkansas, you might not know whether or not you can qualify to participate in the state’s medical cannabis program. The fact is that you can participate in this program regardless of your background. However, you must understand that there are many aspects to consider.

Arkansas boasts one of the most clear medical marijuana programs within the South region of the country, regulated by the Arkansas Medical Marijuana Amendment (Amendment 98), which was adopted by the citizens in 2016 and is now being managed by the Arkansas Department of Health (ADH). To learn everything you need about it, read the article.

The Short Answer: It Depends on the Type of Felony

It’s also important to note that you can still receive your medical cannabis card in Arkansas if you’ve ever had a felony conviction on your record. Rather than having a blanket ban based solely on having been convicted, the nature of the offense matters here.

There are some types of crimes listed under “excluded felony offenses” in Arkansas that prevent people from being involved with the medical marijuana program. Yet these regulations do not pertain to patients but rather to caregivers and dispensary employees.

What Is an “Excluded Felony Offense” in Arkansas?

Under the Medical Marijuana Amendment Act, an excluded felony offense fits within the following list:

a violent felony according to Arkansas or U.S. laws;
a drug felony (i.e., a violation of a controlled substance law according to Arkansas or U.S. laws) – unless the sentence (including the time spent on probation, jail, or parole) was completed at least ten years prior;
high-value theft (i.e., a felony theft of property worth more than $1,000);
any sexual felony;
An offense that has been sealed by a judge or for which a pardon has been received cannot be an excluded felony offense.

The last point is crucial because your sealed or pardoned felony offense does not automatically disqualify you from the medical marijuana program.

Can a Felon Apply as a Patient?

The majority of the time, the answer would be yes. You will have to be 18 years old or older, have an Arkansas residency status with proof, be diagnosed with a qualifying medical illness, and possess the physician certification document.

It is important to note that the official ADH guidelines do not require patients to submit evidence of a clean criminal history record. However, the exclusionary rules apply only to caregivers, dispensary agents, and cultivation facility agents, and not patients who need their own registry cards.

That being said, some crimes might cause you trouble getting your registry card. If you are unsure whether you are eligible or not, seek the advice of an Arkansas lawyer.

Who Is Barred: Caregivers and Dispensary Workers

This is where felony convictions have real, direct consequences under Arkansas law.

Designated Caregivers

You should not have any disqualifying felony convictions to be a caregiver. Caregivers need to go through a criminal history check as part of their registration process. Regular caregivers are required to pay a fee of $37 for the Criminal History Check and may dial 1-833-214-8619 (toll-free) to get a Criminal History Review Application and fingerprint card.

However, there is one exception to this requirement. Parents of a qualifying minor patient do not need to go through a criminal history check, but they still need to register as caregivers and pay the non-refundable registration ID card application fee.

Dispensary and Cultivation Facility Agents

A dispensary agent or cultivation facility agent shall not be issued a registry identification card by the division if they have any excluded felony convictions. You will not be allowed to work as an agent of a licensed dispensary or cultivation facility if you have an excluded felony conviction.

The 10-Year Rule for Drug Felonies

One of the significant nuances within Arkansas laws is the 10-year look-back statute regarding drug-related felonies. Should that felony be sealed, pardoned, or have passed the 10-year mark from its completion date, then eligibility might apply even for the position of a caregiver.

This means:

If your drug felony sentence (including probation) ended less than 10 years ago, it counts as an excluded felony for caregiver/agent purposes.
If your drug felony sentence ended 10 or more years ago, it no longer qualifies as an excluded felony under the Amendment.
Violent felonies, sex crime felonies, and high-value theft felonies do not benefit from the 10-year rule – they remain disqualifying indefinitely for caregiver and agent roles.

Possession Limits and Patient Rights

Once designated as a qualified patient, the following are your legal rights under the laws of Arkansas:

Patients have the legal right to possess up to 2.5 ounces every 14 days, provided that they carry their registry card.
One can acquire their medication from any dispensary registered in the state of Arkansas.
The law of Arkansas forbids any discrimination against patients using medical marijuana.
Under Arkansas law, you are not permitted to grow your own medical marijuana.

Important Caveats: Federal Law and Probation

Despite having an Arkansas Medical Cannabis Card, federal laws continue to apply. Marijuana is classified under federal law as a Schedule I controlled substance, meaning that:

Being placed on federal probation or supervised release means that your legal medical cannabis use under state laws will constitute a violation of your conditions of supervision.
Those who reside in federally subsidized housing run the risk of jeopardizing their housing due to their use of marijuana.
Those who serve in the Arkansas National Guard and the U.S. Armed Forces are forbidden by law from applying for a registry ID card as a qualifying patient or caregiver.

Consult your probation officer or an attorney before using your cannabis while on supervision of any type.

Qualifying Medical Conditions in Arkansas

To receive physician certification, you must be diagnosed with one of the state-approved conditions, which include:

Cancer, glaucoma, HIV/AIDS, Hepatitis C, Amyotrophic Lateral Sclerosis (ALS), Tourette’s syndrome, Crohn’s disease, ulcerative colitis, PTSD, severe arthritis, fibromyalgia, Alzheimer’s disease, cachexia or wasting syndrome, peripheral neuropathy, intractable pain, severe nausea, seizures, and muscle spasms.

How to Apply for a Medical Marijuana Card in Arkansas

Step 1: Get Certified by a Licensed Physician

You should personally consult an MD or DO licensed in Arkansas. Telemedicine cannot be used when filing an application; the consultation has to be in-person. The medical doctor will provide the proper ADH Medical Marijuana Physician Certification Form.

Step 2:Gather Your Documents

You’ll have to provide the following documentation:

An Arkansas driver’s license or state identification
The physician’s written certification form
Evidence of residency in Arkansas

Step 3: Submit Your Application

Your application can be filed either online or via regular mail to the Arkansas Department of Health. The cost of registration in the state is $50; you may pay with a check, money order, or credit/debit card (excluding American Express).

Step 4: Wait for Approval

The processing period takes no more than 14 days after the receipt of your application and payment at the ADH. The cards will be delivered to you by post the very next day after issuance.

Step 5: Shop at a Licensed Dispensary

After you get your card, you are authorized to purchase two and a half ounces of medical cannabis every 14 days.

Key Takeaways

Most convicts qualify to become Arkansas medical marijuana users – the qualification process does not require an application that checks your criminal history.
More stringent measures are applied to caregivers and dispensary/cultivation agents – felony offenses that are excluded from the list (i.e., violent offenses, drug felonies in the past 10 years, high-value theft felonies, and sex crime felonies) will disqualify you for such positions.
This is important because drug felonies whose sentences ended more than 10 years ago no longer qualify as excluded felonies under the Act.
Sealed/pardoned convictions will not be treated as excluded felony offenses by the Amendment.
Federally supervised individuals must be cautious – possessing medical marijuana while being on federal probation and residing in federally subsidized housing may affect you negatively.
Military personnel will not qualify at all – members of the Arkansas National Guard and those of the United States military cannot have their patient and caregiver cards.

Frequently Asked Questions

Can a convicted felon get a medical marijuana card in Arkansas?

Yes, for the most part. The state of Arkansas doesn’t make it necessary for patients to go through a criminal background check process. The “Excluded Felony Offense” requirements apply exclusively to caregivers and dispensing facility staff – not the patient. Based on what you have been convicted of, your ability to become either one may be affected.

What felonies disqualify you from the Arkansas medical marijuana program?

Examples of excluded felony offenses under the Arkansas Medical Marijuana Amendment include violent felonies, drug offenses if their sentencing occurred within the last 10 years, thefts valued at more than $1,000, and sex crime offenses. For the most part, these are used to exclude people from becoming caregivers or facility agents.

Does the 10-year rule apply to all felony types in Arkansas?

No. The 10-year rule applies to drug offenses and nothing else. Violent, sex crimes, and felonies worth over $1,000 never become eligible again, no matter how long ago the sentence took place.

Can a sealed or expunged felony affect my Arkansas medical marijuana card eligibility?

Not at all. According to the Arkansas Medical Marijuana Amendment, offenses that have been sealed by the courts or pardoned are not considered an excluded felony offense. Your sealed or expunged records will not affect your application for a license card.

Can I use my Arkansas medical marijuana card if I’m on probation or parole?

This depends on the conditions of your supervision. The state probation or parole will normally prohibit you from taking any kind of drugs, including medical marijuana. The federal supervision will most likely prohibit you. It is wise to talk with your probation officer and/or an attorney.

How much does an Arkansas medical marijuana card cost?

The state application fee is $50, payable to the Arkansas Department of Health. The applicant would have to pay for the physician’s review as well, although the charges differ from one physician to another. The card expires every year, and the renewal fee remains at $50.