Can a Felon Get a Medical Card in California?

California has historically led the way when it comes to the laws surrounding medical marijuana. Since becoming the first state to ever legalize medical cannabis via Prop 215 (Compassionate Use Act of 1996), California's program stands out as being quite a bit more relaxed compared to others around the country.

If you have a felony conviction but are curious about getting a medical marijuana card in California, don't worry – chances are good that this won't automatically disqualify you from the process. There are no automatic criminal background checks done by the state to get a patient ID card for medical marijuana. There are, however, important considerations to keep in mind – especially if you hope to be able to work in cannabis-related professions or act as a caregiver for another person.

In this article, we will discuss the specific laws and requirements set forth by California regarding felonies, as well as the application process.

How California's Medical Marijuana Program Works

California operates two parallel pathways for patients to legally use medical cannabis:

1. Physician Recommendation (Prop 215)

With Proposition 215, all citizens of the State of California who have received a doctor's recommendation based on a qualifying medical condition can legally use and possess marijuana. This is the most frequent way. No card issued by the government is needed – all that is necessary is to have a legitimate doctor's recommendation.

2. Medical Marijuana Identification Card (MMIC)

The Medical Marijuana Identification Card Program (MMICP) was established in 2003 by SB 420. It is operated by the California Department of Public Health (CDPH). The MMICP is completely optional, meaning no one is forced to obtain a medical marijuana ID card to use medical marijuana in the State of California. But it helps to get additional protection against possible arrests and other kinds of problems.

It should be noted that the administration of MMICP takes place at the county level.

Can a Felon Get a Medical Marijuana Card in California?

Yes. Being convicted of a felony offense does not necessarily mean that one cannot acquire a medical marijuana card in California, either by way of a physician's recommendation or an official MMICP application.

The MMICP application process does not require a mandatory background check to be conducted. What it requires is proof of residence in California, a valid physician's recommendation, and a government identification.

California's laws are more liberal compared to others regarding the issuance of medical marijuana cards to those with felony offenses.

What California Law Actually Says About Felonies

There is no automatic disqualification on grounds of being a felon. However, the issue of convictions can come up in relation to obtaining cannabis licenses in California.

In relation to California cannabis licenses issued by the Department of Cannabis Control (DCC), individuals must declare any convictions as part of the licensing process. Being a felon or having been convicted of any crime is not necessarily a disqualifier for the license. The period is normally 10 years.

This is distinct from the patient card program, where there is no requirement for declarations of prior convictions.

The Compassionate Use Act: Broad and Inclusive by Design

For instance, Proposition 215 specified certain diseases like cancer, AIDS, glaucoma, and chronic pain as qualifying disorders, while also providing an open-ended clause stating that cannabis may be used for treatment "for any other illness for which marijuana provides relief." This broad language provided much discretion to physicians.

Therefore, the list of qualifying conditions in California is one of the most generous states when it comes to medical marijuana laws in the country. A qualified doctor may decide to recommend the drug even if the condition in question is not on the list.

Qualifying Medical Conditions in California

Some of the named conditions that qualify under Proposition 215 are cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraines, and post-traumatic stress disorder. In addition, this legislation applies to any other disease where marijuana can provide therapeutic benefits. This includes conditions like insomnia, depression, and anxiety at the physician's discretion.

California has among the most liberal laws about medical marijuana qualification in the United States.

How to Get a Medical Marijuana Card in California (Step-by-Step)

Option A: Physician Recommendation Only (No Card)

This is the simplest and most common route.

• Step 1: Consult with a California-licensed physician - in person or via a state-approved telemedicine service.
• Step 2: Receive a written recommendation if the physician determines medical cannabis is appropriate for your condition.
• Step 3: Use your recommendation to purchase from a licensed dispensary. No state card is required.

Option B: Apply for an MMIC (Voluntary State Card)

Step 1: Get a Physician Recommendation. Obtain a written physician recommendation from a licensed California MD or DO.

Step 2: Contact Your County Health Department. The MMICP program is available on a county-by-county basis. You can get the application form (CDPH 9042) and set up an appointment at your county's health department.

Step 3: Gather Your Documents. You will require:

• California residency proof (a driver's license, utility bill, lease document, or vehicle registration from DMV)
• Identification with a photograph issued by the government
• Physician's written confirmation (the CDPH 9044 form)
• The application form (CDPH 9042)

Step 4: Apply In Person. Individuals are required to go physically to the county office to make their applications for an MMIC. Individuals are further expected to make payments of not more than $100 to register. Should one be unable to make the payments, they should visit the county office to obtain information on whether they qualify to pay reduced fees or even have the payments waived.

Step 5: Receive Your Card. Once their applications have been processed and approved, the individual will receive their MMIC. The MMIC can be used to prove their status as qualifying patients.

Application Fees

Application for Medical Marijuana Identification Card in California is conducted by individual counties in the state, and consequently, the charges also vary depending on the counties. Nonetheless, there has been a cap of $100 on the cost of applying for an MMIC put forth by the state of California. Medi-Cal enrollees are qualified to receive a 50% discount on the application fee by proving their enrollment in the Medi-Cal program. Furthermore, indigent patients who enrol in County Medical Services Programs are exempt from any application fee.

Possession Limits for Medical Patients

Patients seeking medical marijuana are allowed to carry as much cannabis as their doctor prescribes for them. Although the amount permitted under state laws is only 28.5 grams, those who have a prescription from a certified doctor are allowed to exceed this limit.

This is a major benefit for being a medical patient over using recreational cannabis in California because the amount you can carry is dictated by your doctor's prescription, not the legal state limit.

Can a Felon Work at a California Dispensary?

It is an entirely different issue altogether when it comes to the eligibility of such individuals. The requirements for entry into the industry are stringent. According to California law, any felony will be awarded 12 points, while a misdemeanor will be awarded three points during the process of obtaining a commercial license within the cannabis industry. If a total of eight points or more is attained, the individual will automatically be disqualified from the process. However, if the conviction is quite old, the points allocated to it are relatively smaller. It shows how important recency is when it comes to the consideration of the criminal history of applicants.

As far as being hired to work in marijuana establishments, California is unique in that only two states allow convicted individuals to work there – California and Washington.

Federal Law Still Applies

Even with a valid California physician's recommendation or MMIC, federal law has not changed. Marijuana remains a Schedule I controlled substance under the federal Controlled Substances Act. This is especially relevant if you are:

• On federal probation or supervised release
• Living in federally subsidized housing
• Employed by a federal employer or contractor
• Holding a federal security clearance

California's MMICP Is Voluntary - But Still Useful

This cannot be stressed enough: joining the California registry for medical cannabis is optional. You do not need an MMIC to use your medical marijuana legally in California.

The doctor's note alone will suffice for the purpose of legal protection according to Prop 215. But getting an MMIC is additional evidence that can come in handy in various situations.

Key Takeaways

• A convicted person can have a medical cannabis card in California. Applications made through the MMICP do not include background checks.
• A mere prescription by a doctor is enough to protect one from arrest under Proposition 215 without necessarily having a state card.
• Qualifying conditions in California are some of the broadest in the US, with an open-ended definition of conditions that may be alleviated through marijuana use.
• The process of getting licensed in marijuana business operations is more restrictive for felons through a point-based system.
• Federal law does not discriminate despite the possession of a state card or medical recommendation since its provisions supersede those of individual states, especially for those under federal control.
• Application fees have an upper limit of $100 for the MMIC card. Fee exemptions apply to eligible persons on Medi-Cal benefits.

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