Can a Felon Get a Medical Card in Arizona?

In case you have a felony conviction and reside in Arizona, you might ask yourself the question of whether you would be able to get your medical marijuana card or not. This is an obvious thing to ask but the answer won’t be an easy one to give.

The laws governing the issue of getting the MMJ card in Arizona are fairly lenient. There is, however, a nuance related to the distinction made by the state’s law between patients and caregivers regarding their background. Knowing what group you belong to will help a lot.

This article describes everything you need to know about the topic, including the requirements of the Arizona law and the implications of having felony convictions.

How Arizona’s Medical Marijuana Program Works

The laws guiding the use of medical marijuana in Arizona are found in the Arizona Medical Marijuana Act (AMMA). This act was enacted by voters in 2010.

For one to be considered a qualifying patient, the following must be met:

  • Must be a resident of Arizona
  • Should be 18 years or above in age, or they could be minors who have the consent of their parents or legal guardian
  • Should be suffering from an illness certified by a licensed physician in Arizona
  • Must pay the required state fees, which are $150 or half that amount if you are a Medicaid/SNAP beneficiary.

What should be observed is that there is no requirement in any form that makes it illegal to use the drug just because you have a felony conviction.

Can a Felon Get a Medical Card in Arizona as a Patient?

Yes, because in general, a person who has a felony charge will be able to apply for and get his or her Arizona Medical Marijuana Card as a qualifying patient.

According to the Arizona Medical Marijuana Act, a previous felony is not an automatic reason to exclude the patient from getting a Medical Marijuana Card in Arizona. If you have a qualifying condition, you live in Arizona, and your age meets the criteria, you can apply at the official site of ADHS.

However, there are several things that you need to know.

The “Excluded Felony Offense” Rule: Who It Actually Affects

The state’s legislation (A.R.S. § 36-2801) defines the term “excluded felony offense,” and individuals who are convicted under this category of offenses cannot hold particular positions within the state’s medical marijuana program, namely:

  • Designated caregivers: individuals involved in helping patients receive and use medicinal marijuana products
  • Dispensary agents: employees and volunteers at licensed dispensary centers
  • Independent laboratory agents: individuals working at certified laboratories

Under Arizona law, an excluded felony offense includes:

  • Violent felony, defined by statute in A.R.S. § 13-901.03(B)
  • Drug offense punishable by felony, according to either state or federal statutes regulating controlled substances, unless the punishment has expired for at least 10 years

What This Means in Plain Language

If you were found guilty of a violent felony or a drug felony, and you have been released within 10 years, you are not eligible to be a caregiver or to work at any dispensary. Notably, such an offense will not necessarily bar you from being a registered patient.

In case you had a drug felony and were released from prison for the offense more than 10 years ago, the crime will no longer be considered as an excluded felony offense for AMMA purposes.

When a Felony Could Affect Your Patient Card

While most felons can apply as patients, there are a few situations where a felony could become relevant to your card status:

1. Providing False Information on Your Application

ADHS has the right to take away your card if you provide any untruths during your application, including any related to your criminal background.

2. New Drug-Related Felony Convictions While Holding a Card

In case you get a new drug felony conviction, even if you have an issued medical card, then you could lose it. It’s important to operate within the confines of the law while using your medical card.

3. Federal Law Still Applies

Marijuana is still considered a Schedule I controlled substance under federal regulations, despite having a medical marijuana card in Arizona. There are practical consequences of this situation. The most common cases involve individuals under federal supervision, federally subsidized housing, and employment with a federal organization.

How to Apply for a Medical Marijuana Card in Arizona

If you have a qualifying condition and believe you’re eligible, here’s a step-by-step overview of the application process:

Step 1: Obtain a Physician Certification

Visit an Arizona physician licensed to assess your situation. He/she will fill out the ADHS Medical Marijuana Physician Certification Form. The certificate is valid for 90 days.

Step 2: Gather Required Documents

Requirements include:

  • Arizona driver’s license or Arizona state identification document
  • Arizona residency proof
  • Medical Marijuana Patient Attestation Form signature (found at the ADHS website)
  • Physician certification form

Step 3: Submit Your Application

Apply for your card online via the Individual Licensing Portal by the ADHS. Submit all required documents along with the payment of either $150 or $75 with SNAP eligibility.

Step 4: Receive Your Card

Cards will normally be issued within 10 days of the receipt of a fully completed application. Validity is for two years.

Qualifying Medical Conditions in Arizona

To be approved as a patient, you must have one of the conditions recognized by ADHS, including:

  • Cancer
  • Glaucoma
  • HIV/AIDS
  • Hepatitis C
  • ALS (Amyotrophic Lateral Sclerosis)
  • Crohn’s disease
  • Agitation related to Alzheimer’s disease
  • PTSD (added in 2015)
  • Chronic or debilitating diseases causing severe pain, nausea, seizures, or muscle spasms

Felons as Caregivers: The Stricter Rules

In case you wish to act as the caregiver for a qualifying patient who enables the patient to access marijuana for medical use, there are additional guidelines to abide by.
These include:

  • Being over 21 years of age
  • Being a permanent resident of Arizona
  • Having no previous felony conviction disqualification according to the criteria mentioned above
  • Finger printing at the Arizona Department of Health Services
  • Paying $200 for the issuance of a caregiver card

You cannot act as the caregiver of a qualifying patient if you have any felony involving violence in your background or any other drug-related felony within the past ten years.

Key Takeaways

  • Most felons are eligible to become medical marijuana patients in Arizona – past felony convictions are not necessarily grounds for exclusion from becoming a patient.
  • Strict guidelines apply to caregivers and dispensaries – individuals convicted of certain violent or drug felonies committed in the past ten years cannot work as caregivers or at dispensaries.
  • The federal law applies regardless of your state license – this is especially relevant for people who are on federal supervision.
  • New drug felonies can result in losing your Arizona medical marijuana card issued by ADHS.
  • In doubt, always talk to a lawyer specializing in Arizona marijuana laws.

Frequently Asked Questions (FAQs)

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

Most often, yes. Patients’ eligibility for the Arizona Medical Marijuana Program is not automatically affected by their having a felony offense on record. The rules regarding what is considered an ‘excluded felony offense’ pertain specifically to caregivers and dispensary employees and do not apply to patients.

What is an excluded felony offense under Arizona law?

An excluded felony offense is defined in accordance with A.R.S. § 36-2801 as either any violent felony offense punishable as a felony, or a felony drug offense committed pursuant to state or federal law when the term of imprisonment for such offense expired in less than ten years ago.

Does a drug felony automatically disqualify me from obtaining a medical card?

No, probably not. Your having been charged with a felony drug offense, but that does not automatically disqualify you as a candidate for the medical marijuana program. However, it can certainly make a difference as far as your being able to be considered for dispensary employment is concerned.

Can I become a caregiver if I have a felony conviction?

This will depend on what kind of felony it is and how many years ago your sentence was finished. You would not be able to act as a caregiver in Arizona if you had been convicted of any type of violent felony or any type of drug felony conviction within the past 10 years.

Will my federal probation officer know I have a medical marijuana card?

Theoretically, yes. Probation officers working with the Federal Probation Department can require you to undergo drug tests, and smoking marijuana is not allowed under Federal law, regardless of having a valid state medical card. Always consult with your lawyer before taking any kind of medical marijuana while on federal probation or supervised release.

Can ADHS revoke my medical marijuana card if I get a new felony conviction?

Yes, the ADHS may revoke your state-issued card because of the following reasons:

  • A new felony drug conviction.
  • Violation of possession limits.
  • False application information.