Can a Felon Get a Medical Card in Missouri?

If you've been convicted of a felony crime in Missouri and are asking yourself whether you qualify for a medical cannabis license, you'll be surprised at what you'll learn. The Missouri Medical Cannabis program doesn't prohibit patients with criminal backgrounds from applying for medical marijuana cards. However, there are several legal nuances every convicted felon should consider.

This guide will provide you with all the information necessary.

The Direct Answer: Yes, Felons Can Apply for a Medical Card in Missouri

Medical marijuana was legalized by Missouri voters through Constitutional Amendment 2 in 2018, while recreational use of marijuana was made legal by Amendment 3 in 2022. The DHSS controls the operation of the program.

There is no requirement for a clean record when it comes to obtaining a medical marijuana license in Missouri, since there is no mention of any felony in the eligibility guidelines for medical marijuana. The state will conduct a background check and talk about "disqualifying felonies" only when it comes to owning a marijuana business.

It makes no difference what your criminal history says; what is important is your health and your doctor's recommendation.

Important Distinction: Patient vs. Industry Worker

Here lies the source of much confusion. The term "disqualifying felony offense" is indeed used in Missouri laws – but only in the case of marijuana business ownership and employment.

As Article XIV of the Missouri Constitution states, marijuana businesses may neither employ nor be owned by persons with a disqualifying felony conviction. Nevertheless, such a fact doesn't influence the ability to receive a marijuana patient card under state laws.

If you want nothing more than to have a medical marijuana patient card to alleviate symptoms of an ailment, being convicted of a felony will not be an issue.

Eligibility Requirements for Missouri Medical Marijuana Patients

The following are the criteria that one must satisfy to be eligible for the medical card in Missouri:

• Age: One must be 18 years old or above (minors need a designated caregiver)
• Medical Conditions: The person must have a qualifying condition as certified by a medical doctor
• Certification of Doctor/Nurse Practitioner: This needs to be done by a doctor/nurse practitioner licensed in Missouri, completing the certification online
• Submission of the Application Form

Missouri does maintain a defined list of qualifying conditions. Commonly approved conditions include:

• Chronic pain
• Cancer
• Epilepsy or seizure disorders
• PTSD (Post-Traumatic Stress Disorder)
• Glaucoma
• Multiple sclerosis
• Parkinson's disease
• HIV/AIDS
• Intractable migraines
• Anxiety (at physician discretion)
• Any terminal illness

Once approved, your Missouri medical marijuana card is valid for three years before renewal is required.

What Felons Must Still Consider

Getting approved as a patient is one thing. Using marijuana responsibly as a felon involves navigating a few other legal realities.

Federal Law Conflict

Marijuana continues to be categorized as a Schedule I controlled substance according to the Controlled Substances Act. Some issues arise for felons in particular cases:

• Federal Probation/Parole: When you are serving a sentence under federal law, marijuana use, despite having a valid state medical marijuana license, might constitute a breach of the terms of your release. As a consequence, you face the risk of losing your liberty.
• Federally subsidized housing: Residing in federally subsidized housing facilities means that possession of marijuana on such premises can violate your rental agreement.
• Federal employment: You are required to follow the drug-free workplace policy when employed with a federal contractor, even if you hold a state license.

State Probation

Even under probation through the state of Missouri, one may be prohibited from using controlled substances under the supervision conditions. Having a card will not change this condition. It is necessary to contact both your probation and parole officer and an attorney before using medicinal marijuana while you are still under supervision.

Employment Drug Testing

The State of Missouri requires no accommodation for the use of medical marijuana by employers. In this regard, a private employer will still have the right to conduct a THC test, and a person with a card may be fired or refused at hire because of its results. This fact should be considered by all felons.

Firearm Rights

According to federal law, it is illegal to purchase or possess any firearm while being a marijuana user – either recreational or medicinal. The latter consideration also concerns all felons.

How to Get a Medical Marijuana Card in Missouri

The process is simple and can be completed entirely online:

Step 1 - Confirm your qualifying condition

Consult the Missouri list of qualifying conditions to see if your medical condition qualifies.

Step 2 - See a licensed physician or nurse practitioner

Arrange for a telemedicine or physical consultation with a Missouri-licensed doctor who will analyze your medical condition and certify you electronically if eligible.

Step 3 - Submit your application via the DHSS portal

Your application should be submitted electronically through the Missouri DHSS website within 30 days of when your physician certified you for medical cannabis. You must have a valid ID before applying.

Step 4 - Receive your card and visit a dispensary

If approved, you will receive your card by mail, which you can use to purchase medical marijuana products from a licensed dispensary anywhere in Missouri.

Typical costs: Medical assessments usually cost between $75 and $200 per assessment. The application fee to the state government is $25 (reduced application fees are offered if you receive public benefits).

Missouri's Cannabis Record Expungement: A Bonus for Some Felons

There are sections in Amendment 3 of Missouri about the expunging of records regarding certain cannabis charges. More than 140,000 individuals have had their records expunged through the courts because of prior marijuana possession or selling charges. You would have to find out if your felony involves marijuana to determine if your record could be expunged.

Contact a Missouri attorney for further information.

Bottom Line

In Missouri, it is not prohibited for those convicted of felonies to acquire a patient card for medical marijuana. The disqualifications provided by the law only apply to individuals who work in the industry, including owners. However, as long as you satisfy the conditions for acquiring the card and qualify to use the marijuana, you will have an equal shot as everyone else.

There are various issues related to the laws in both the federal government and the state that could create problems when seeking a patient card. Please talk to your lawyer before going ahead.

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