Yes, a convicted felon can generally obtain a medical marijuana card in Arkansas, with a significant exception concerning drug-related offenses.
Understanding Felon Eligibility in Arkansas
In Arkansas, a past felony conviction does not automatically bar an individual from applying for a medical marijuana card. However, there is a crucial distinction based on the nature of the felony.
Specifically:
- Non-Drug-Related Felonies: If your felony conviction was not related to drugs, you are typically eligible to apply for a medical marijuana card, provided you meet all other state requirements.
- Drug-Related Felonies: A felony conviction that is drug-related may disqualify an individual from obtaining a medical marijuana card in Arkansas. It's important to consult with legal professionals or the Arkansas Medical Marijuana Commission for specific guidance on individual cases involving drug-related offenses, as nuances can exist.
General Eligibility Requirements for an Arkansas Medical Card
Beyond the specifics of felony convictions, all applicants for a medical marijuana card in Arkansas must meet several other criteria.
To qualify, an individual must:
- Be an Arkansas Resident: Applicants must provide proof of residency in the state of Arkansas.
- Have a Qualifying Medical Condition: The state of Arkansas has a list of approved debilitating medical conditions that qualify patients for medical cannabis. These commonly include:
- Cancer
- Glaucoma
- Positive status for human immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS)
- Hepatitis C
- Amyotrophic lateral sclerosis (ALS)
- Tourette's syndrome
- Crohn's disease
- Ulcerative colitis
- Post-traumatic stress disorder (PTSD)
- Severe arthritis
- Fibromyalgia
- Alzheimer's disease
- Cachexia or wasting syndrome
- Peripheral neuropathy
- Intractable pain (pain that has not responded to ordinary treatments, medicines or surgical measures for more than six months)
- Severe nausea
- Seizures, including without limitation, those that are characteristic of epilepsy
- Severe and persistent muscle spasms, including without limitation, those that are characteristic of multiple sclerosis
- Obtain a Physician Certification: A licensed Arkansas physician must certify that the patient has a qualifying medical condition and that medical marijuana would be beneficial to their treatment. This certification must be submitted as part of the application.
- Be 18 Years or Older: Patients must generally be 18 years of age or older. Minors may qualify with parental or legal guardian consent and a physician's certification.
Application Process and Considerations
The application process for a medical marijuana card in Arkansas typically involves:
- Consulting a Physician: Schedule an appointment with an Arkansas-licensed physician to discuss your qualifying condition and obtain a written certification.
- Gathering Documentation: Collect necessary documents, including proof of Arkansas residency, a copy of your Arkansas driver's license or state ID, and your physician's written certification.
- Submitting the Application: Apply to the Arkansas Department of Health (ADH) Medical Marijuana Section, usually through their online portal, and pay the required application fee.
Important Considerations:
- Drug-Related Felonies: If you have a drug-related felony on your record, it is highly advisable to seek legal counsel to understand how it might impact your eligibility. The specific nature and age of the conviction could play a role.
- Probation/Parole: While the felony itself might not be a direct barrier (unless drug-related), individuals on probation or parole should verify with their probation officer or parole board whether obtaining a medical marijuana card would violate the terms of their release.
- Federal Law: It's crucial to remember that cannabis remains illegal under federal law. This can have implications, particularly regarding federal housing, employment, or firearm ownership, even if you possess a state-issued medical card.
For the most accurate and up-to-date information, always refer to the official resources provided by the Arkansas Department of Health Medical Marijuana Program.
