Can a Felon Get a Medical Card in Pennsylvania?

The state of Pennsylvania legalized medical marijuana via the Medical Marijuana Act back in 2016. This being the case, it means that those with prior felony charges can register for the program. The only thing to remember is that there are states that will require one to undergo background checks before getting a medical card, but this state does not disqualify patients from applying based on their past criminal records.

The Direct Answer: Felons Can Qualify as Patients

This program is regulated by the Pennsylvania Department of Health, which issues identification cards to patients in need. The application process does not include any kind of background check of your criminal history. Neither your felony history nor any details of your criminal background, be it drug-related or unrelated, affects the acceptance of your application.

You are qualified to apply for the program provided that you live in Pennsylvania and have a serious medical condition.

Pennsylvania's Caregiver Rules: Among the Strictest in the Country

Although there is no requirement for a criminal background check to obtain the prescription, the state of Pennsylvania imposes stringent conditions on caregivers who are eligible to purchase medical marijuana for patients.

According to 28 Pa. Code § 1191a.27, all caregiver applications require submission of fingerprints to the Pennsylvania State Police, who, in turn, provide the fingerprints to the FBI for checking their entire criminal history through a complete federal criminal history check. It is the most comprehensive caregiver screening process compared to almost every other state in the union.

What constitutes the disqualification of caregivers under Pennsylvania? Any felony or misdemeanor offense related to drug use or narcotics will automatically render you disqualified, irrespective of whether the crime was committed decades ago. The same goes for violent crimes. There is no statute of limitations for being disqualified under such circumstances.

Of course, if you are seeking yourself, this does not apply to you. But in the case of having any felony of violence or drugs, it will be illegal for you to provide caregiving services according to the law in Pennsylvania, and there are no exceptions to this rule. However, on the brighter side, once you get your credential as a caregiver, there will be no fingerprint check required while renewing, as per § 1191a.29(c).

Pennsylvania's 24 Qualifying Serious Medical Conditions

Whereas Oklahoma and New York allow doctors to exercise discretion when prescribing medical marijuana to patients without a list of Serious Medical Conditions (SMCs), the state of Pennsylvania has a fixed list that contains 24 SMCs. For one to qualify to be a participant in the medical cannabis program, they need to possess at least one SMC.

In 2025, some of the qualifying medical conditions in the list include chronic pain, cancer, anxiety disorders, post-traumatic stress disorder, HIV/AIDS, epilepsy, multiple sclerosis, ALS, autism, Crohn's disease, glaucoma, Huntington's disease, inflammatory bowel diseases, Parkinson's disease, opioid use disorder, Tourette syndrome, and chronic Hepatitis C, among others.

It is worth noting that anxiety disorders, which are the most prevalent of all qualifying conditions, are one of the recent additions to the list of qualifying medical conditions that was adopted in 2019.

Fee Waivers and the Medical Marijuana Assistance Program

The price to apply for the Pennsylvania medical marijuana ID card is $50 annually. However, the Commonwealth of Pennsylvania gives a lot of monetary support in the context of the Medical Marijuana Assistance Program (MMAP):

  • Individuals who use the services of Medicaid, SNAP, WIC, PACE/PACENET, and CHIP will get free medical marijuana ID cards.
  • Patients who utilize the services of the PACE and PACENET programs in the MMAP Phase 3 pilot project will receive an additional $50 monthly to pay for medical marijuana goods.

These people who have been convicted of felonies may face some financial issues; hence, they will definitely benefit from investigating the eligibility criteria of MMAP program participants.

Legal Considerations for Felons

Federal Law

Even under the Pennsylvania system, the plant is still classified as a Schedule I controlled substance in federal law. This raises particular concerns for convicted felons:

  • Federal probation/parole: Using the drug during federal probation or parole will probably constitute a violation of your probation requirements. Your medical marijuana card will be no protection against this.
  • Federal housing: Individuals living in HUD or federally subsidized housing might be violating lease agreements by using the plant on-site.
  • Federal employment: Government employers and contractors have their own policies concerning drug use that supersede state laws.

State Probation

Pennsylvania's state probation conditions usually involve no drug usage. A medical card will not allow you to get around these conditions. It is always wise to speak to your lawyer or probation officer when consuming medicinal cannabis, when under any kind of supervision.

No Home Cultivation

Pennsylvania does not allow home production of medical cannabis. Medical cannabis should be bought from a licensed dispensary. You are allowed to carry no more than a thirty-day supply at one time.

Firearms

Using marijuana for any reason whatsoever is a federal crime, meaning that no one using marijuana for any reason is allowed to buy or own firearms. It is a different issue altogether for felons.

How to Get a Medical Marijuana Card in Pennsylvania

Step 1

Register on the PA Medical Marijuana Registry using your valid Pennsylvania driver's license or state ID.

Step 2

Get certified by a registered practitioner. Only MDs and DOs registered with the program and trained by the state can certify patients. Telehealth is permanently authorized. Your doctor submits certification electronically to the state.

Step 3

Pay the $50 state fee through your patient portal. MMAP-eligible patients can waive this fee.

Step 4

Receive your card by mail within approximately 14 days. Present it with a valid photo ID at any licensed dispensary in Pennsylvania. Cards require annual renewal.

Typical physician fee: Certification consultations generally range from $99 to $350, with telehealth options at the lower end.

Bottom Line

In Pennsylvania, individuals who are convicted felons can apply for a patient medical marijuana card without being disqualified. There is no criminal background check on patient applicants. Criminal history qualifications in the program are limited to caregivers only, and this is considered one of the strictest qualifications in the nation since it covers all types of drug or violent convictions, irrespective of the period, and fingerprinting is done via state police and the FBI.

If you are suffering from a Serious Medical Condition and are a resident of Pennsylvania, then you can apply despite your past or current criminal record. Fee waivers for the MMAP help make the program more inclusive by offering patients who qualify for assistance programs access to the card without paying the fee. However, keep in mind that even supervised people may face some issues.


Frequently Asked Questions (FAQs)

Does Pennsylvania run a background check on medical marijuana patient applicants?

No. There is no requirement for criminal background checks of the patient applicant by the State of Pennsylvania. Only patients who are residents of Pennsylvania with a qualifying serious medical condition as diagnosed by a licensed physician will be eligible for the program. Your criminal record, including any felony offenses, will not be checked for the purpose of applying for patient status.

What disqualifies someone from being a caregiver in Pennsylvania?

In accordance with 28 Pa. Code § 1191a.27, fingerprints of the caregivers will have to be submitted to the Pennsylvania State Police and the FBI for a comprehensive criminal background check. Caregivers with any past criminal record regarding drugs and narcotics shall not be allowed to provide care in accordance with the law.

Can I get my Pennsylvania medical card fee waived?

Yes. The MMAP provides an exemption to pay the $50 fee required to obtain a state card for patients who are on Medicaid, SNAP, WIC, PACE/PACENET, or CHIP. Patients enrolled in PACE/PACENET are entitled to receive a $50 allowance each month as part of the pilot program phase 3.

Can I use my Pennsylvania medical card while on probation?

This will depend on your probation agreement. In most states, probation terms include drug-free requirements, and even a medical card will not exempt one from such requirements. For those under probation or parole from the federal government, the use of marijuana will almost definitely be prohibited.

How many qualifying conditions does Pennsylvania recognize for medical marijuana?

There are 24 Serious Medical Conditions (SMCs) in Pennsylvania. Unlike other states, Pennsylvania does not give doctors wide latitude. Instead, all patients must have at least one qualifying condition from the official list as certified by a licensed doctor.

How long is a Pennsylvania medical marijuana card valid, and how do I renew it?

Pennsylvania medical marijuana cards last for one year only and must be renewed annually. You will need to submit a new physician certification of your qualifying condition before submitting a renewal application online and making a payment of $50 (free for MMAP recipients).

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