Can a Felon Get a Medical Card in Maryland?

One may confidently say that Maryland State has rapidly developed cannabis policy. Already in 2014, Maryland was one of the earlier states in the eastern region to pass medical cannabis legislation. As late as November 2022, Maryland passed a law making cannabis legal in the state of Maryland through an amendment known as Question 4. The state made cannabis use for recreational purposes legal in the state as of July 1, 2023. Along with this new development, the new administrative body responsible for managing both adult-use cannabis and medicinal cannabis came into existence; MCA (Maryland Cannabis Administration) has replaced the old MMCC.

Coming to the issue in question – whether those with prior felonies can acquire a medical card in Maryland.

As to the answer to this question, it would be yes. People convicted of committing a felony will be able to apply for a medical card in Maryland and qualify as eligible patients, as criminal background checks in this context relate to hiring processes in the cannabis industry in the state only. However, one needs to know certain things about regulations in relation to industry workers as well.

How Maryland's Medical Cannabis Program Works

The Maryland medical marijuana program's regulation system has been defined through Title 13-33 of the Health-General Article of the Code of Maryland Annotated and HB 556/SB 516 2023 Cannabis Reform Act. The Medical Cannabis Administration oversees the operation of the program, whereas OneStop is the official registration site for patients/caregivers in cannabis.maryland.gov.

Key program facts for 2025:

• It is run by the Maryland Cannabis Administration (MCA). Replaced MMCC from July 1, 2023
• The Maryland medical card is valid for 6 years. The maximum validity period among all other states.
• The electronic Maryland medical marijuana card can be printed free of charge, while the physical card costs $25
• The monthly permissible amount of cannabis in accordance with the Maryland medical marijuana program is 120 grams (4 ounces) per month or 36 grams of high-THC-content infused products
• Using marijuana is legal in Maryland if you are over 21. Patients can use their marijuana tax-free and possess more quantity
• Applications must only be submitted through MCA OneStop. MCA will not accept your application by mail or in person
• Telehealth certification is accepted on a wide scale
• Maryland Medical Marijuana Program recognizes out-of-state medical cards only in specific situations when non-residents enter Maryland-based authorized institutions
• As per the adult use cannabis program, Maryland permits cultivating two marijuana plants privately; such a privilege is given to MMMP patients as well
• Cannabis is distributed through a Compassionate Use Fund for low-income patients who qualify, including veterans
• Maryland does not allow for an applicant's failure to register as an agent because of prior cannabis convictions that occurred before July 1, 2023

Can a Felon Get a Medical Marijuana Card in Maryland?

Yes – the fact that you have a previous felony charge would not necessarily disqualify you from getting your medical marijuana card in Maryland.

Qualifying patient criteria of Maryland are based purely on your health condition, age, and residency alone. The Medical Cannabis Commission of Maryland (MCA) will never run any background checks for criminal records in relation to the application of a qualifying patient. Even if you have been charged with a felony before, you can still apply for your medical marijuana card.

That makes Maryland ahead of the others with similar legislation when it comes to patients who have a criminal history before. Some of the criteria that you need to qualify for the patient card of Maryland include being 18 years and above, being a resident of Maryland, and certification by an MD physician registered with the MCA.

As for the criminal history requirements of Maryland's Medical Cannabis Act, these only pertain to business licensing, agents of dispensaries, and caregivers.

Criminal History Rules: Where They Apply in Maryland

1. Cannabis Business Licensing (Dispensary Owners and License Holders)

The Criminal History Record Review and Fingerprint Process of the Cannabis Reform Act of Maryland demands that all applications for cannabis licenses go through criminal history record checks, including fingerprinting processes.

All the applicants should undergo a background check and may fail because of some felony convictions. As per the requirements of Maryland's licensing scheme, no applicant is allowed to have any felony conviction or a plea of nolo contendere to charges of crimes of moral turpitude according to the Cannabis Reform Act. Drug-related felonies may prevent one from acquiring a cannabis license in Maryland, especially when the case is recent.

However, the Maryland licensing scheme has social equity criteria. Residency in communities disproportionately affected by the drug war, receipt of Pell grants, or having a marijuana-related criminal record qualifies one to be a candidate for social equity. Therefore, as far as Maryland is concerned, having a cannabis-related criminal record doesn't prevent you from getting a license but qualifies you under the social equity program.

2. Dispensary Agent Registration (Employees and Workers)

All employees, volunteers, officers, and board members who are engaged in licensed Maryland marijuana businesses should register with MCA and become a cannabis agent by securing the Agent ID Card. The registration process involves conducting a fingerprint-based criminal background check.

The Maryland cannabis laws prohibit denying agent registration solely based on any marijuana offense prior to July 1, 2023. This is an equity provision, meaning that if you commit a crime related to cannabis-related activities before the passing of the marijuana law in the State of Maryland, then this should not be used as a sole reason to deny you agent registration.

State regulation requires the agent to report all convictions for moral turpitude to the Maryland Cannabis Commission within 14 days. In addition, it allows the agency to either disqualify or cancel registration due to convictions for moral turpitude.

Temporary agent badges are currently provided under Maryland law. It can be issued for 90 days once one submits the provisional criminal background check and application.

As part of changes to 2025 agent rules in Maryland, House Bill 1347 and Senate Bill 299 provided an exemption for fingerprint-based criminal history for the purpose of licensing if the individual has an active security guard license.

3. Caregivers

Maryland is not as specific in its requirements for checking the criminal background of caregivers as compared to the other states listed above. The MCA requires that caregivers register through OneStop and present a state-issued ID with a photograph, together with a photograph. Caregivers in Maryland must be at least 21 years old.

As far as the minor patients go, either a custodial parent or legal guardian may act as the caregiver in Maryland, based on the MCA.

The price of obtaining a caregiver card in Maryland is also $25, similar to the patient card. There is no policy prohibiting ex-convicts from being caregivers in Maryland, although MCA has the discretion to assess all applications individually.

Maryland's Social Equity Framework: A Pro-Reform Approach

One of the unique policies of Maryland regarding cannabis is the emphasis on social equity. The Maryland Cannabis Reform Act aimed to correct some of the negative effects associated with cannabis prohibitions, especially against minority groups and people living below the poverty line.

The following are some of the social equity policies that affect individuals convicted of using cannabis:

• Ineligible for Agent Registration Due to Solely Cannabis Convictions - Individuals should not be disqualified from registering as agents simply because of cannabis convictions before July 2023
• Social Equity Status for Applicants - Applicants with cannabis convictions qualify for social equity status and have preference in cannabis licensure compared to individuals with no prior cannabis convictions
• Cannabis Record Expungement Policies - Maryland has provided meaningful cannabis record expungement policies through its Cannabis Reform Act, allowing people with cannabis convictions to apply for expungement
• Compassionate Use Fund - There is a designated fund set by the state government to help poor individuals access medical cannabis, especially veterans

Maryland serves as an example of one of the most socially equitable cannabis policies in the country.

Qualifying Medical Conditions in Maryland

According to existing regulations, medical cannabis is approved in relation to at least nine illnesses in Maryland. However, alongside these particular illnesses, it is also possible to issue the drug in case of a severe or chronic debilitating illness for which treatment is unsuccessful through other methods.

Among the ailments that can be treated through the Maryland program are anorexia, cachexia, glaucoma, PTSD, seizures, severe nausea, severe or chronic pain, severe or persistent muscle spasms, wasting syndrome, and a severe chronic ailment that has not responded to other types of treatment.

Any chronic and severe ailment for which no effective treatment exists is a general qualification that gives physicians significant leeway when prescribing the medication. Applications for qualification as a medical condition in the Maryland program are accepted and considered by the Maryland Cannabis Administration every twelve months from the submission date.

Other medical conditions that may be treated with cannabis regularly include anxiety disorders, depression, insomnia, Alzheimer's disease, ALS, Crohn's disease, multiple sclerosis, autism spectrum disorder, and Parkinson's disease.

Benefits of a Medical Card Over Recreational Use in Maryland

With recreational cannabis being legalized in Maryland for individuals above the age of 21, you may be wondering what the advantages are of having a medical card. There are plenty of advantages:

• Saving on taxes: Saving money from paying the 9% sales tax is one of the main benefits. Purchasing cannabis products is exempt from Maryland's 9% sales tax on recreational cannabis products.
• Larger possession limit: Being able to possess up to 120 grams (4.2 oz) of dried cannabis compared to recreational patients who have the 1.5 oz (42.5 grams) maximum limit of dried cannabis for use in public.
• Minor access: Being able to get cannabis products for minors, as they cannot purchase their own recreational products.
• Extra legal protection: Having a medical card provides an individual with legal protection from law enforcement.
• Access to Compassionate Use Fund: Those with low income and veterans can obtain discounted cannabis through Maryland's compassionate use fund, which recreational users do not have access to.
• Medical cards lasting six years: Maryland's medical cards last six years compared to the majority of other states, issuing one-year medical cards.

How to Apply for a Maryland Medical Cannabis Card (Step-by-Step)

Step 1: Register With the MCA on the OneStop Portal

Prior to consulting with any physician, you must establish a patient account via the OneStop platform offered by the Maryland Cannabis Administration. This website can be accessed here: cannabis.maryland.gov. Patients are free to consult with a licensed medical provider in the state of Maryland for certification purposes once the OneStop account has been established.

Step 2: Gather Your Documents

When filling out your application, you will be required to:

• A government-issued photo identification - Maryland Driver's License, Maryland ID Card, Military Identification Card, or a U.S. Passport
• A document indicating your residence in Maryland - MVA Registration Card/Title or Proof of Residence like Utility Bill/Bank Account Statement/Property Tax Bill
• Passport-quality picture
• If applying for discounted fees or fee waivers: Documentation to indicate your involvement in the Maryland Medical Assistance Program or the Veterans Affairs Maryland Health Care System

Step 3: Get a Written Certification from an MCA-Registered Provider

After establishing your account, you will be required to get a certification from a registered provider with the Maryland Cannabis Administration. Contact a licensed Maryland physician, physician assistant, nurse practitioner, or clinical nurse specialist who is registered with the MCA for an appointment. You can arrange for a telehealth appointment if preferred. Your doctor will provide the certification and will send it directly to the MCA through your OneStop Portal. The certification period lasts for one year.

Step 4: Receive Approval from the MCA

After you have completed the registration process and the certification process in the OneStop portal, the MCA will process your application.

Step 5: Download Your Card or Order a Physical Card

Free of charge is the digital Maryland medical marijuana card that one can print; the physical card, on the other hand, costs $25. To print out the digital card, you will need to log into your OneStop account, and this can be done right away once you are approved; alternatively, if you want to have a physical card, then you will need to pay a fee of $25 through the portal. The State of Maryland does not charge for medical marijuana cards for minors and hospice care patients.

Step 6: Purchase at a Licensed Maryland Dispensary

Using the identification card provided by MCA together with your written certification, you can obtain medical marijuana from any authorized dispensary in the state of Maryland. You will have the right to possess 120 grams (over four ounces) of cannabis and 36 grams of THC for infused products. Medical users do not pay Maryland's 9% tax that recreational marijuana users have to pay. The validity period for your written certification is only one year, but that for your registration as a patient is six years.

Caregiver Registration: Step-by-Step

Maryland caregivers will register independently via the MCA OneStop website. The steps are:

• Navigate to the OneStop website, then under the heading 'Caregivers', click Create Account
• Confirm your email address – no action on your application will be taken until you do this
• Submit your caregiver application along with copies of government-issued identification, as well as a passport-style photo

In case you are registering yourself as a caregiver for a minor patient, more forms will need to be filled out, and one form must be signed before a notary. In the case of a minor patient, the caregiver must be a legal guardian of the patient and must be registered before the minor patient can be registered.

The non-refundable application fee for a caregiver ID card is $25.

Once approved, log back into your caregiver account to download or receive your Caregiver ID Card.

Legally, the caregivers can purchase, possess, and distribute the medical marijuana products for their designated patients. The minimum age requirement for caregivers in Maryland is 21 years old.

Firearms and Medical Cannabis in Maryland

One frequently asked query concerning medical cannabis cardholders from Maryland relates to the impact of obtaining such a card on firearm rights. The federal laws prohibit people from having a gun if they smoke marijuana, whether recreationally or medicinally. This is a federal restriction and is not related to any restrictions placed in the state of Maryland.

Individuals who are looking to buy a gun or have firearms should consult an attorney before applying for a medical cannabis card.

Workplace Protections in Maryland

The Maryland medical cannabis statute provides critical safeguards for the employment rights of registered medical cannabis patients:

• A person cannot be fired or refused employment because he or she is a cardholder under Maryland medical cannabis law
• While an employer can continue its zero-tolerance workplace drug policy, an employer cannot fire or punish an employee for using medical cannabis
• For federal contractors and federal employers, federal drug laws preempt state medical cannabis employment protections

Federal Law Considerations

While you may have an active Maryland medical marijuana card, the fact of the matter is that you will still need to adhere to all of the rules set forth by federal law. Specifically, the fact is that marijuana is classified as a Schedule I drug under the federal Controlled Substances Act. This is particularly important to keep in mind for anyone who is under federal probation, federal housing assistance, federal employment, or in the armed forces.

Key Takeaways

• Maryland's Medical Marijuana Act allows felons access to a medical marijuana card – having committed a felony is not an obstruction for qualifying patients to apply for their medical marijuana card.
• No patient background check - Maryland does not conduct criminal background checks on patient applicants to determine eligibility.
• Tighter licensing process for cannabis businesses and agents - crimes of moral turpitude prevent license applications from proceeding; moral turpitude and drug offenses are considered in the agent application process.
• Previous cannabis crimes before July 2023 cannot be grounds to refuse agent registration - an important social equity measure contained in Maryland's Cannabis Reform Act.
• Social equity applicants - those who have previous cannabis convictions may become eligible for prioritized licenses.
• Digital patient cards cost nothing; physical patient cards are $25 each; caregivers' cards are also $25 each; both types of cards are valid for six years from the date of registration.
• Medical patients are allowed to carry 120 grams (4.2 oz) - three times the quantity of recreational cannabis permitted in public space at 1.5 oz.
• Medical patients are not taxed on cannabis under Maryland's 9% recreational cannabis tax.
• The Compassionate Use Fund ensures affordable cannabis for disadvantaged patients and veterans.

---

Frequently Asked Questions (FAQs)