Can a Felon Get a Medical Card in Arkansas?
Individuals with felony convictions in Arkansas may still qualify for the state’s medical marijuana program. While some felony-related restrictions exist, they generally apply to caregivers, dispensary employees, and cultivation facility agents rather than patients.
The Short Answer: It Depends on the Type of Felony
Most felons can obtain a medical marijuana card in Arkansas. The state does not impose a blanket ban on patients with felony convictions. However, certain felony offenses may affect eligibility for caregiver and industry-related roles.
What Is an Excluded Felony Offense in Arkansas?
Under the Arkansas Medical Marijuana Amendment, excluded felony offenses include:
- Violent felonies under Arkansas or federal law
- Drug felonies unless the sentence was completed at least 10 years ago
- Felony theft involving property valued above $1,000
- Sex-related felony offenses
Felonies that have been sealed, expunged, or pardoned are not considered excluded felony offenses.
Can a Felon Apply as a Patient?
Yes, most felons can apply as patients if they:
- Are at least 18 years old
- Are Arkansas residents
- Have a qualifying medical condition
- Obtain physician certification
The Arkansas Department of Health does not require patients to undergo criminal background checks.
Who Is Barred From Participation?
Designated Caregivers
Caregivers must pass a criminal background check and cannot have excluded felony convictions. Parents of qualifying minor patients are exempt from the criminal history check requirement.
Dispensary and Cultivation Facility Agents
Individuals with excluded felony convictions cannot receive registry identification cards to work at licensed dispensaries or cultivation facilities.
The 10-Year Rule for Drug Felonies
- Drug felony sentences completed less than 10 years ago remain disqualifying for caregiver and agent positions.
- Drug felony sentences completed 10 or more years ago no longer qualify as excluded felony offenses.
- Violent felonies, sex offenses, and high-value theft felonies remain disqualifying regardless of age.
Possession Limits and Patient Rights
Qualified Arkansas patients may:
- Possess up to 2.5 ounces of medical marijuana every 14 days
- Purchase cannabis from licensed Arkansas dispensaries
- Receive protection from discrimination under state medical marijuana laws
Patients are not permitted to cultivate marijuana at home.
Important Caveats: Federal Law and Probation
Federal law still classifies marijuana as a Schedule I controlled substance. Patients should be aware that:
- Medical marijuana use may violate federal probation or supervised release conditions
- Residents of federally subsidized housing may face housing-related consequences
- Members of the Arkansas National Guard and U.S. Armed Forces are not eligible for patient or caregiver cards
Qualifying Medical Conditions in Arkansas
Qualifying conditions include:
- Cancer
- Glaucoma
- HIV/AIDS
- Hepatitis C
- 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
- Muscle Spasms
How to Apply for a Medical Marijuana Card in Arkansas
Step 1: Obtain Physician Certification
Schedule an in-person appointment with a licensed Arkansas MD or DO and obtain the required physician certification form.
Step 2: Gather Required Documents
- Arkansas driver’s license or state ID
- Physician certification form
- Proof of Arkansas residency
Step 3: Submit Your Application
Submit the application online or by mail to the Arkansas Department of Health. The state application fee is $50.
Step 4: Wait for Approval
Applications are generally processed within 14 days after receipt of payment and documentation.
Step 5: Purchase From a Licensed Dispensary
After approval, patients may legally purchase up to 2.5 ounces of medical marijuana every 14 days.
Key Takeaways
- Most felons can qualify for an Arkansas medical marijuana card.
- Patients are generally not subject to criminal background checks.
- Excluded felony rules primarily affect caregivers and dispensary or cultivation facility agents.
- Drug felonies older than 10 years may no longer be disqualifying.
- Sealed and pardoned convictions are not considered excluded felony offenses.
- Federal supervision, military service, and federally subsidized housing can create additional complications.
Frequently Asked Questions
Can a convicted felon get a medical marijuana card in Arkansas?
Yes. Most felony convictions do not prevent a person from obtaining a medical marijuana card as a patient.
What felonies disqualify someone from the Arkansas medical marijuana program?
Violent felonies, certain drug felonies, high-value theft felonies, and sex-related felonies may disqualify caregivers and facility agents.
Does the 10-year rule apply to all felonies?
No. The 10-year rule applies only to drug felony offenses.
Do sealed or expunged felonies affect eligibility?
No. Sealed, expunged, or pardoned convictions are not treated as excluded felony offenses.
Can I use medical marijuana while on probation or parole?
It depends on the terms of supervision. Consult your probation officer or attorney before use.
How much does an Arkansas medical marijuana card cost?
The state application fee is $50, not including physician consultation costs. Renewals also require a $50 fee.