Medical marijuana has been legal in Arkansas since 2016, but there are still many questions surrounding eligibility for a medical card, particularly for those with a criminal record.
One of the most pressing questions is whether a felon can obtain a medical card in Arkansas.
While the answer is not a simple yes or no, it is possible for a felon to obtain a medical card in Arkansas.
However, there are certain restrictions and requirements that must be met. Understanding the laws and regulations surrounding medical marijuana and felonies in Arkansas is crucial for those seeking a medical card.
Key Takeaways
- Felons can obtain a medical card in Arkansas, but there are restrictions and requirements that must be met.
- Understanding the laws and regulations surrounding medical marijuana and felonies in Arkansas is crucial for those seeking a medical card.
- Obtaining a medical card can have an impact on employment, housing, and legal consequences for felons.
Understanding Felonies in Arkansas
In Arkansas, a felony is a serious crime that is punishable by imprisonment for more than one year.
A person who has been convicted of a felony is known as a convicted felon. Felonies are classified into different categories based on the severity of the crime.
Felony Classifications
The following are the felony classifications in Arkansas:
- Class Y Felony: This is the most serious felony classification in Arkansas and includes offenses such as capital murder, treason, and kidnapping. The punishment for a Class Y felony is life imprisonment without parole or the death penalty.
- Class A Felony: This classification includes offenses such as murder, aggravated robbery, and rape. The punishment for a Class A felony is imprisonment for six to thirty years and a fine of up to $15,000.
- Class B Felony: This classification includes offenses such as burglary, theft of property, and fraud. The punishment for a Class B felony is imprisonment for five to twenty years and a fine of up to $15,000.
- Class C Felony: This classification includes offenses such as forgery, theft of property, and possession of a controlled substance. The punishment for a Class C felony is imprisonment for three to ten years and a fine of up to $10,000.
Rights of Convicted Felons
Convicted felons in Arkansas lose certain rights, such as the right to vote, the right to hold public office, and the right to possess firearms. However, they still have the right to free speech, the right to practice their religion, and the right to a fair trial.
Criminal Record
A felony conviction in Arkansas will result in a criminal record, which can have significant consequences for a person’s future. A criminal record can make it difficult to find employment, obtain housing, or receive financial aid for education.
Medical Card for Convicted Felons
In Arkansas, convicted felons are not automatically disqualified from obtaining a medical card for medical marijuana.
However, they may face additional scrutiny during the application process.
The Arkansas Department of Health may consider factors such as the nature of the offense, the length of time since the offense, and the individual’s criminal history.
Medical Marijuana in Arkansas
Arkansas legalized medical marijuana in 2016 through a constitutional amendment, making it the 26th state to do so in the United States.
The Arkansas Medical Marijuana Amendment, also known as Issue 6, allows patients with qualifying conditions to purchase and use medical marijuana.
The Arkansas Department of Health oversees the Medical Marijuana program, which includes the licensing of medical cannabis dispensaries and cultivation facilities. The state has approved 32 dispensary licenses and five cultivation facility licenses.
Qualifying conditions for medical marijuana in Arkansas include cancer, glaucoma, HIV/AIDS, hepatitis C, ALS, Tourette’s syndrome, Crohn’s disease, ulcerative colitis, PTSD, severe arthritis, fibromyalgia, Alzheimer’s disease, and more.
Chronic pain is also a qualifying condition, but only if it is resistant to conventional treatments for six months or more.
To obtain a medical marijuana card in Arkansas, patients must have a recommendation from a physician who is registered with the state’s Medical Marijuana program.
The physician must certify that the patient has a qualifying condition and that medical marijuana is an appropriate treatment option.
It is important to note that while medical marijuana is legal in Arkansas, it is still illegal under federal law. This means that patients who use medical marijuana may still face legal consequences, especially if they are caught with marijuana outside of the state or on federal property.
Furthermore, individuals with felony convictions may face additional barriers to obtaining a medical marijuana card in Arkansas. While the Medical Marijuana Amendment does not explicitly prohibit individuals with felony convictions from obtaining a card, it does require that applicants pass a criminal background check. The Arkansas Department of Finance and Administration, which oversees the background checks, has stated that individuals with certain felony convictions may be disqualified from obtaining a medical marijuana card.
In conclusion, medical marijuana is legal in Arkansas for patients with qualifying conditions, but it is important to understand the limitations and potential consequences of using medical marijuana. Individuals with felony convictions may face additional challenges in obtaining a medical marijuana card.
Eligibility for Medical Card
In Arkansas, the Medical Marijuana Amendment of 2016 allows individuals with qualifying medical conditions to obtain a medical card and legally use medical marijuana. However, the eligibility for medical card is subject to certain requirements.
To be eligible for a medical card in Arkansas, an individual must have a qualifying medical condition. The list of qualifying medical conditions includes Alzheimer’s disease, cancer, Crohn’s disease, glaucoma, HIV/AIDS, Huntington’s disease, multiple sclerosis, post-traumatic stress disorder (PTSD), severe arthritis, and other medical conditions as determined by the Arkansas Department of Health.
In addition, the individual must obtain a physician written certification from a licensed physician in Arkansas who is registered with the Arkansas Department of Health. The physician must certify that the individual has a qualifying medical condition and that the potential benefits of using medical marijuana outweigh the risks.
It is important to note that being a felon does not automatically disqualify an individual from obtaining a medical card in Arkansas. However, the individual must still meet all other eligibility requirements.
Furthermore, it is up to the discretion of the physician whether or not to issue a physician written certification to an individual with a felony conviction. The physician may consider the nature of the offense, the amount of time that has passed since the conviction, and other factors when making this decision.
Overall, individuals with qualifying medical conditions in Arkansas may be eligible for a medical card if they obtain a physician written certification from a licensed physician and meet other eligibility requirements. While having a felony conviction may impact the decision of the physician, it does not automatically disqualify an individual from obtaining a medical card.
Process of Obtaining Medical Card
In Arkansas, felons can obtain a medical marijuana card, but they must follow the same process as any other applicant. The Arkansas Department of Health (ADH) oversees the state’s medical marijuana program. The ADH requires applicants to have a qualifying medical condition and a recommendation from a licensed physician.
To obtain a medical marijuana card in Arkansas, felons must complete the following steps:
- Create an account with the Arkansas Medical Marijuana Commission (AMMC) online portal.
- Upload a copy of their Arkansas driver’s license or state ID card.
- Upload a copy of their physician’s written certification of their qualifying medical condition.
- Pay a non-refundable fee of $50 to the ADH.
- Wait for the ADH to review and approve their application.
- Once approved, print their medical marijuana card from the online portal.
It is important to note that the ADH may deny an application if the applicant has a felony drug conviction within the last five years. Additionally, the ADH may revoke a medical marijuana card if the cardholder is convicted of a felony drug offense while holding the card.
In summary, felons in Arkansas can obtain a medical marijuana card if they follow the same process as any other applicant. They must have a qualifying medical condition and a physician’s recommendation, create an account with the AMMC online portal, upload the required documents, pay a fee, and wait for approval from the ADH. Once approved, they can print their medical marijuana card from the online portal.
Rights and Restrictions for Felons
In Arkansas, felons are subject to various restrictions and limitations on their rights and privileges. These restrictions can affect their ability to obtain employment, housing, and social benefits, as well as their right to vote, serve on a jury, and possess firearms.
Voting
Felons in Arkansas lose their right to vote while they are incarcerated. However, once they have completed their sentence, including any parole or probation, their voting rights are automatically restored. This means that felons can register to vote and participate in elections once they have completed their sentence.
Jobs
Felons in Arkansas may face significant barriers when it comes to finding employment. Many employers conduct background checks and may be hesitant to hire someone with a criminal record. Additionally, certain professions, such as law enforcement, may be off-limits to individuals with felony convictions.
Housing
Felons in Arkansas may also encounter obstacles when it comes to finding housing. Landlords and property managers may conduct background checks and may be reluctant to rent to someone with a criminal record. Additionally, certain types of public housing may be off-limits to felons.
Social Benefits
Felons in Arkansas may be ineligible for certain social benefits, such as public assistance and food stamps. These benefits are typically reserved for individuals who meet certain income and eligibility requirements, and felony convictions can disqualify individuals from receiving them.
Firearm Ownership
Felons in Arkansas are prohibited from possessing firearms under federal law. This means that they may not purchase, own, or possess firearms, ammunition, or other related items. Violations of this law can result in significant fines and imprisonment.
Jury Service
Felons in Arkansas are generally ineligible to serve on a jury. This is because jury service is considered a civic duty and a privilege, and felons may be deemed unfit to serve due to their criminal history.
Parental Benefits
Felons in Arkansas may also face restrictions when it comes to receiving parental benefits, such as child support and custody. Felony convictions can affect a person’s ability to obtain custody of their children or to receive child support payments.
Overall, felons in Arkansas face a range of restrictions and limitations on their rights and privileges. While some of these restrictions are automatic and cannot be avoided, others may be lifted over time as individuals complete their sentences and demonstrate rehabilitation.
Impact on Employment and Housing
When it comes to felons in Arkansas, obtaining a medical marijuana card may have an impact on their employment and housing opportunities. Even though Arkansas has legalized medical marijuana, employers and landlords are not required to accommodate its use.
Employment
Arkansas is an at-will employment state, meaning that an employer can terminate an employee for any reason as long as it is not discriminatory. This includes the use of medical marijuana, even if the employee has a valid medical marijuana card. Therefore, a felon who obtains a medical marijuana card in Arkansas may still face employment discrimination based on their criminal record and marijuana use.
Additionally, many employers conduct background checks on potential employees, which may include drug testing. If a felon’s drug test comes back positive for marijuana, even if they have a medical marijuana card, they may be disqualified from the job.
Housing
Similar to employment, landlords in Arkansas are not required to accommodate the use of medical marijuana. This means that a felon who obtains a medical marijuana card may still face discrimination when it comes to finding housing.
Landlords may conduct background checks on potential tenants, which may include information about the tenant’s criminal record and medical marijuana use. Even if the tenant has a valid medical marijuana card, the landlord may still refuse to rent to them based on their criminal record and marijuana use.
In addition, federal law still classifies marijuana as a Schedule I drug, which means that landlords who receive federal funding may be prohibited from renting to tenants who use medical marijuana.
Overall, obtaining a medical marijuana card in Arkansas may have an impact on a felon’s employment and housing opportunities. It is important for felons to be aware of the potential consequences and to weigh the benefits and risks before deciding to obtain a medical marijuana card.
Role of Caregivers
In Arkansas, a designated caregiver can assist a patient with obtaining and using medical marijuana. Caregivers must be at least 21 years old and are required to register with the Arkansas Department of Health and undergo a background check.
A caregiver can be a family member, friend, or hired professional. Caregivers are responsible for purchasing medical marijuana from a dispensary and delivering it to the patient. They can also assist with administering the medication, but cannot consume it themselves.
It is important for caregivers to understand the laws and regulations surrounding medical marijuana in Arkansas. They should be knowledgeable about dosing, administration, and potential side effects. Caregivers should also be aware of the patient’s medical condition and any medications they are taking to prevent potential drug interactions.
If a caregiver is a convicted felon, they may face restrictions or limitations when it comes to obtaining a medical marijuana card. It is recommended that they consult with an attorney or the Arkansas Department of Health for more information.
Overall, caregivers play an important role in the medical marijuana process for patients who may have difficulty obtaining and using the medication on their own. They provide support and assistance to ensure that patients receive the care they need.
Legal Consequences for Felons
In Arkansas, convicted felons face a range of legal consequences that can impact their ability to obtain a medical marijuana card. A felony conviction can result in the loss of certain civil rights, including the right to vote and the right to possess firearms.
Additionally, felons may face restrictions on their ability to obtain certain types of licenses, including professional licenses and driver’s licenses. They may also be barred from certain types of employment, such as jobs in law enforcement or positions that require security clearance.
Felons who are currently on probation or parole may face additional restrictions on their ability to use medical marijuana. Probation and parole officers may prohibit the use of medical marijuana as a condition of supervision, and violations of these conditions can result in revocation of probation or parole.
In some cases, felons may be required to provide a DNA sample as a condition of their conviction. This sample may be entered into a DNA database and used to link the individual to other crimes in the future.
It is important for felons to understand the legal consequences of their conviction and how it may impact their ability to obtain a medical marijuana card. They should consult with an attorney and their probation or parole officer to determine what restrictions may apply to their specific situation.
Expungement and its Benefits
In Arkansas, expungement is the process of sealing or destroying criminal records related to an individual’s arrest, charge, or conviction. Expungement can be beneficial for felons who wish to obtain a medical marijuana registry card, as well as those who want to pursue job opportunities in fields such as healthcare, education, and law enforcement.
Expungement laws in Arkansas vary depending on the type of offense committed and the amount of time that has passed since the completion of the sentence. Generally, non-violent offenses and misdemeanors are more likely to be eligible for expungement than violent offenses and felonies.
One of the main benefits of expungement is that it allows individuals to legally deny that they were ever arrested, charged, or convicted of a crime. This can be particularly important for felons who are seeking employment or housing, as many employers and landlords conduct background checks. Expungement can also restore an individual’s right to vote and own firearms.
However, it is important to note that expungement does not completely erase an individual’s criminal history. Law enforcement agencies and certain government entities may still have access to sealed records, and expunged offenses can still be used to enhance future sentences if the individual is convicted of another crime.
In conclusion, expungement can be a valuable tool for felons who wish to obtain a medical marijuana registry card or pursue certain job opportunities. However, it is important to understand the eligibility requirements and limitations of the expungement process.
Comparison with Other States
When it comes to felons getting a medical card, the laws and regulations vary from state to state. Arkansas is not the only state that allows felons to get medical cards. In fact, several other states have similar laws and regulations.
For instance, Iowa allows felons to apply for and receive medical cards, but the process may be more difficult than in Arkansas. In Iowa, felons must first complete their sentence and probation before applying for a medical card. Once they have completed their sentence, they can apply for a medical card just like any other citizen.
Illinois is another state that allows felons to get medical cards. However, Illinois has stricter rules when it comes to drug-related offenses. If a felon has a drug-related offense on their record, they may be required to complete a drug treatment program before they can apply for a medical card.
California is known for having some of the most liberal laws in the country, and this also applies to medical cards for felons. In California, felons can apply for and receive medical cards without any restrictions or additional requirements.
Overall, while the laws and regulations may differ slightly, many states allow felons to get medical cards. It is important to research the specific laws and regulations of each state to understand the requirements and restrictions.
Commercial Business Licenses and Cannabis Business Operators
In Arkansas, individuals who want to operate a cannabis business must obtain a commercial business license from the state. The Arkansas Medical Marijuana Commission (AMMC) is responsible for issuing these licenses. The AMMC has established strict regulations for cannabis business operators, including requirements for security, testing, and labeling.
To be eligible for a commercial business license, an individual must meet certain criteria. They must not have any disqualifying criminal history, which includes felony convictions related to drugs or violent crimes. This means that felons who have been convicted of drug-related offenses may not be eligible for a commercial business license.
Cannabis business operators must also comply with state and federal regulations regarding the sale and distribution of cannabis products. They must obtain a permit from the Arkansas Department of Health to operate a dispensary, and they must follow strict guidelines for the cultivation, processing, and packaging of cannabis products.
In addition to obtaining a commercial business license, cannabis business operators must also pay a fee to the state. The fee is based on the type of license they are applying for and the size of their operation. For example, a dispensary with less than 500 square feet of retail space must pay a fee of $2,500, while a cultivation facility with less than 3,000 square feet of space must pay a fee of $5,000.
Overall, while felons may not be eligible for a commercial business license in Arkansas, there are still opportunities for them to work in the cannabis industry. They may be able to find employment with a licensed cannabis business operator, or they may be able to start their own business in a related field, such as consulting or marketing.
Special Considerations for Arkansas Residents
Arkansas residents who have been convicted of a felony may be wondering if they are eligible to obtain a medical marijuana card. The answer is not straightforward, as there are several factors to consider.
Firstly, Arkansas residents must have a valid state ID or driver’s license to apply for a medical marijuana card. This means that felons who have lost their driver’s license or state ID due to their criminal history may face additional hurdles in obtaining a medical card.
Additionally, Arkansas residents must provide their Social Security Number (SSN) when applying for a medical marijuana card. Felons who have been incarcerated may not have access to their SSN or may have lost their SSN card, which could further complicate the application process.
It is also important to note that military veterans in Arkansas may face additional considerations when applying for a medical marijuana card. While the state of Arkansas does allow veterans to obtain a medical card, they must provide proof of their military service and may need to provide additional documentation to prove their eligibility.
Overall, Arkansas residents with a felony conviction who are interested in obtaining a medical marijuana card should be prepared to provide additional documentation and may face additional hurdles in the application process. It is recommended that they consult with a qualified attorney to ensure that they understand their rights and responsibilities under Arkansas law.
Drug Related Crimes and Consequences
Drug-related crimes in Arkansas are taken very seriously and can result in severe legal consequences for the offender. Drug trafficking, possession, and distribution are all considered illegal activities in the state. The penalties for drug-related crimes depend on the type and amount of drugs involved, as well as the offender’s criminal history.
Arkansas has specific laws that govern drug-related crimes, and these laws are enforced strictly. The state’s criminal justice system has severe consequences for drug offenders, including imprisonment, fines, and probation. In addition to legal consequences, drug-related crimes can also have serious social and economic consequences for the offender and their family.
Drug trafficking is a severe drug-related crime that involves the transportation and distribution of illegal drugs. The state of Arkansas has strict laws against drug trafficking, and those convicted of this crime can face severe legal consequences. Penalties for drug trafficking can include lengthy prison sentences and hefty fines.
Drug possession is another drug-related crime that is taken seriously in Arkansas. Possession of illegal drugs can result in severe legal consequences, including imprisonment, fines, and probation. The penalties for drug possession depend on the type and amount of drugs involved, as well as the offender’s criminal history.
Drug-related crimes not only affect the offender but also their families. The social and economic consequences of drug-related crimes can be devastating, including job loss, financial difficulties, and social stigma. It is essential for individuals to understand the legal and social consequences of drug-related crimes to make informed decisions about their actions.
In conclusion, drug-related crimes in Arkansas have severe legal and social consequences. The state’s criminal justice system has strict laws against drug trafficking, possession, and distribution. Those convicted of drug-related crimes can face lengthy prison sentences, hefty fines, and other legal penalties. It is essential for individuals to understand the consequences of drug-related crimes before engaging in illegal activities.
Treatment Options
In Arkansas, felons do not have any restrictions on getting a medical card, but they may face challenges in finding suitable treatment options. Treatment options for felons can vary depending on the severity of their medical condition and their criminal history.
One option for felons seeking medical treatment is to visit a nursing home. Nursing homes provide long-term care for patients with chronic conditions and disabilities. They offer a range of services, including medical care, rehabilitation, and social activities. However, not all nursing homes may accept felons as patients, and the ones that do may have certain restrictions based on the type of crime committed.
Another option for felons seeking medical treatment is to enroll in a treatment program. Treatment programs can help felons manage their medical conditions and provide support for their recovery. These programs can include counseling, medication, and other forms of therapy. However, felons may face challenges in finding suitable treatment programs that accept them, especially if they have a history of drug abuse or addiction.
Overall, felons in Arkansas have access to medical treatment, but they may face challenges in finding suitable treatment options. It is important for felons to research and explore different treatment options to find the one that best suits their needs.
