Can a Felon Get a Medical Card in Louisiana?

If you have been convicted of a felony and want to know if you still qualify for a medical marijuana card in Louisiana, there's nothing to worry about. It's actually the most frequently asked question by people who have a criminal background and suffer from serious illnesses such as chronic pain and PTSD. And here's a surprising fact for you: Louisiana medical marijuana legislation is much more liberal than one would think!

Let's see what exactly you should know.

The Short Answer: Yes, a Felon Can Get a Medical Card in Louisiana

Louisiana's medicinal cannabis policy, which was put in place via the passage of the Senate Bill 143 Act No. 261 in 2015, does not prohibit felons from using medicinal cannabis. Louisiana's cannabis legislation does not make it a condition for denying a patient's request to have access to medicinal cannabis because of their criminal record.

According to the Louisiana cannabis laws Act No. 261, people who are convicted of a felony crime can still register to get medicinal cannabis in Louisiana. As such, having a conviction of a previous drug crime, a felony crime that is unrelated to drugs, or any other felony will not render one ineligible.

Who Oversees the Louisiana Medical Marijuana Program?

The Louisiana Department of Health (LDH) manages the program that provides the use of medical marijuana in Louisiana. Physicians who have been licensed by the Louisiana State Board of Medical Examiners can recommend medical marijuana for the use of those who qualify.

No card is issued by the state; your physician's recommendation will serve as your certification. This certification will allow you access to medical marijuana from a licensed pharmacy in Louisiana.

Eligibility Requirements for a Medical Marijuana Card in Louisiana

To receive a recommendation for the use of medicinal marijuana in Louisiana, any patient, regardless of their having a felony background, needs to fulfill the following requirements:

• Age: Must be at least 18 years old (for minors who have autism spectrum disorder, two doctors' consents are necessary)
• Residence: Must be a current resident of Louisiana
• Photo ID: It is necessary to present a valid Louisiana state-issued photo ID/driver's license
• Medicinal Conditions: Must have one or several conditions that a certified physician believes to be debilitating.

As it follows from Act 286 (2020), there are no strict restrictions regarding conditions for obtaining medicinal marijuana in Louisiana. Thus, any doctor certified by the Louisiana State Board of Medical Examiners can make such a recommendation in relation to any disease considered by him to be debilitating.

Commonly approved conditions include:

• Chronic pain
• Cancer
• PTSD (Post-Traumatic Stress Disorder)
• Seizure disorders / Epilepsy
• Multiple sclerosis
• Anxiety and depression (at physician discretion)
• Autism spectrum disorder
• Glaucoma
• Parkinson's disease
• HIV/AIDS

What Felons Need to Be Aware Of

Even though the program of the state does not restrict participation for felons, here are some important legal issues that each felon must keep in mind before submitting an application.

1. Federal Law Still Classifies Marijuana as a Schedule I Drug

Marijuana is still a controlled substance under the Controlled Substances Act at the federal level. Felons need to take into account that:

• If you are on federal probation or parole, carrying or using marijuana, even with a valid state medical card, will violate the conditions of your release.
• If you are living in federally subsidized housing (e.g., Section 8), it will endanger your residency if you have any marijuana in your apartment.
• If you are working for a federal employer, you are subject to their federal drug-free workplace policies.

Before applying to the program, make sure to contact your parole or probation officer and an experienced lawyer.

2. State Probation and Parole

In the case of state probation supervision, your probation contract can have a provision where the consumption of any drugs, including marijuana, even with a medical card, is not allowed. Your medical card will not be an excuse for violating your probation conditions. Always talk to your supervising officer or legal advisor first.

3. Employment Drug Testing

Even when you have obtained a Louisiana medical marijuana card, your company has the right to conduct drug tests and fire people from work positions due to their THC consumption, despite having a medical card.

4. Gun Ownership

Federal law states that possession and usage of marijuana, regardless of the reason and even for medicinal purposes, disqualifies a person from buying or owning any firearm. ATF Form 4473 will ask whether you consume marijuana, and having a medical marijuana card and being truthful may lead to consequences. This topic should be discussed separately by those who have been felons at some point in time.

How to Apply for a Medical Marijuana Card in Louisiana (Step-by-Step)

The process is straightforward and can even be done online:

Step 1 - Confirm your eligibility

Ensure that you are a Louisiana resident aged 18 years or above and that you have a condition that qualifies.

Step 2 - Schedule a consultation with a licensed physician

You can schedule your appointment either physically at the clinic or using a state-sanctioned telehealth service. The State of Louisiana permits doctors to conduct online examinations for qualifying medical marijuana patients.

Step 3 - Attend your medical evaluation

Your medical history is reviewed by the physician, who will decide if your condition qualifies for medicinal cannabis. Medical history documents are not mandatory, but they come in handy when seeking approval.

Step 4 - Receive your recommendation

The issuance of a medical certification is a requirement that functions as your medical marijuana card.

Step 5 - Visit a licensed dispensary

With your recommendation, you will be able to buy medicinal cannabis directly from any dispensary operating within Louisiana's borders.

Fees note: Patient examination by physicians will usually cost about $150, and there is no state registration fee in Louisiana.

What Forms of Medical Marijuana Are Available in Louisiana?

Several types of medicinal cannabis are available in Louisiana, including:

• A flower that can be smoked
• Edible products like tinctures, capsules, and soft gels
• Metered dose inhalers
• Topicals

The use of vape cartridges is currently not permitted in Louisiana. Always buy from an authorized pharmacy in the state.

Bottom Line for Felons in Louisiana

Louisiana has a medical marijuana program that is open even to people who have been convicted of a felony offense. The law does not make any mention of a disqualification for having committed any felony offense. Nonetheless, the major obstacles one can face do not exist at the state level, but rather at the federal level and in terms of probationary conditions, job policies, and housing laws. It is advisable to seek the advice of an attorney if one is supervised by the law.

If one is not under supervision, then a medical marijuana card could be a useful tool for managing one's health.

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