Can a Felon Get a Medical Card in Rhode Island?

In the case of Rhode Island, its medical marijuana system was enacted back in 2006, which is among the early ones in the US. If one holds a felony record but is curious about one's eligibility, then the answer is positive since the state does not bar patients because of a past felony. On the other hand, Rhode Island has strict guidelines for caregivers and authorized purchasers, which must be clear for felons.

The Direct Answer: Felons Can Qualify as Patients

The Medical Marijuana Program is run by the Rhode Island Department of Health (RIDOH), and the patient registration card is issued by RIDOH as well. You will not have any criminal background check during your application process, as the nature of your felony does not affect the decision-making process at all.

If you are a resident of Rhode Island and have a certain medical condition that qualifies you to become a patient under this program, you can submit an application.

Rhode Island's Three-Role System: Patient, Caregiver, and Authorized Purchaser

The state of Rhode Island is special in that it identifies three different categories in its program relating to medical marijuana. It is important to know the difference between these three categories for felons.

A primary caregiver assists a patient in using his/her medical marijuana. The caregiver should be a Rhode Island resident, at least 21 years old, and able to help no more than five patients.

An authorized purchaser buys and distributes medical marijuana from the dispensaries for the patient. The patient can have only one authorized purchaser. Authorized purchasers are the only category that can live outside of Rhode Island.

It is necessary to pass an NCIC (National Criminal Identification Check) based on fingerprints. It is conducted by RIDOH, but the results are sent directly to this organization. A previous NCIC conducted within two years can be used again.

Which Felony Convictions Disqualify Caregivers and Authorized Purchasers?

The rules at 216-RICR-20-10-3 from Rhode Island set forth the particular disqualified offenses for the caregiver and authorized purchaser applicants. The felonies on the list comprise drug offenses under the Controlled Substances Act, murder, manslaughter, rape, child sexual abuse, kidnapping, arson, robbery, burglary, assault by dangerous weapon, and corresponding offenses committed elsewhere.

Notably, there is an important exception, which states that prior conviction of an offense that would have been barred under the Medical Marijuana Act from prosecution is not considered disqualifying. If you have a prior felony offense related to cannabis use that is legal under this program, this does not disqualify you from being the caregiver or purchaser. In any case, none of these requirements apply to you as a patient.

Eligibility Requirements for a Rhode Island Medical Card

All patients are expected to meet the following requirements:

• Age: The individual is at least 18 years old, but if minors want to access medical marijuana in the state, then the parent or legal guardian will serve as a caregiver
• Residency: The applicant must be a resident of the state of Rhode Island with a state driver's license or state ID
• Qualifying Condition: One of the approved debilitating conditions that is recognized in Rhode Island by a licensed healthcare provider
• Medical professionals who can serve as recommending medical professionals include licensed MDs, DOs, APRNs, and Physician Assistants of Rhode Island, as well as MDs and DOs from Connecticut and Massachusetts

There are 13 qualified diseases in the state of Rhode Island, which include cancer, AIDS, chronic pain and nausea, multiple sclerosis, glaucoma, post-traumatic stress disorder, autistic spectrum disorders, Crohn's disease, epilepsy, and palliative medicine. Patients undergoing chemo or receiving hospice care get an expeditious approval process within 72 hours.

Fee Waivers Available

The State of Rhode Island levies a regular application fee for patient identification cards. But an exemption from payment will be allowed for patients who can produce satisfactory proof of obtaining Medicaid, SSI, SSDI, or Veteran Disability. If you obtain one of these, you may apply for total exemption from the payment of the card fee. There is no state fee for the card for caregivers and authorized purchasers.

Legal Considerations for Felons

Federal Law

Cannabis continues to be listed as a Schedule I drug. As far as felonies are concerned, it will mean that:

• Federally supervised probation/parole: Possession and use of cannabis during federally supervised probation and parole will most likely violate your release. The state card cannot protect you from such charges.
• Federally subsidized housing: Use of cannabis inside federally subsidized housing can result in a lease violation.
• Federally employed: Agencies and contractors are not obligated to abide by the state laws of Rhode Island.

State Probation

Drug-free probationary periods are often imposed by the State of Rhode Island. Possession of a medical card does not change anything about that. Be sure to check with your lawyer and probation officer before taking any kind of medical marijuana if you are on probation in any way.

Cannabis Record Expungement

The State of Rhode Island provides for the expungement of marijuana charges. However, expungement is not automatic. It is only available five years after a person has completed their misdemeanor sentence, or ten years after completing a felony sentence.

How to Get a Medical Marijuana Card in Rhode Island

Step 1 - See a registered provider

You will need a Practitioner Written Certification Form filled out by your medical practitioner, APRN, or PA. Your initial appointment needs to be done face-to-face, while subsequent appointments can be telehealth appointments.

Step 2 - Apply through the RI Cannabis Licensing Portal

Submit the Practitioner Written Certification Form as well as a valid form of Rhode Island ID. An additional caregiver/authorized purchaser can be designated, and you submit their email address, and they get an application for a background check.

Step 3 - Receive your card

RIDOH approves or denies within 35 days. Cards are valid for one year with renewal reminders emailed 60 days before expiration.

Typical physician fee: $75 to $150, depending on the provider.

Bottom Line

Felons are allowed access to the program for getting a medical marijuana patient card in Rhode Island. There is no background investigation conducted for any patient applying for a patient card. The criminal provisions of the program are applied to caregivers and authorized purchasers, and the list of disqualified crimes in Rhode Island is one of the most elaborate in the country. But there is an important caveat – certain marijuana violations would have been covered under the act.

A medical cannabis consumer must consult a legal professional if he/she is on probation.

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