Can a Felon Get a Medical Card in Montana?
For those who have had their felony convictions and want to know if they can join Montana’s medical marijuana program, here is a clear answer: Yes, a felon can apply for medical marijuana cards in Montana. Felony charges do not make you ineligible for becoming a patient. There is one notable exception regarding felons, which should be noted before application.
Felons Are Eligible as Patients in Montana
The State of Montana legalized medical marijuana use for patients in 2004 with the passage of the Montana Medical Marijuana Act. The program is regulated by the Department of Public Health and Human Services (DPHHS) via the Montana Medical Marijuana Program.
Montana medical marijuana regulations do not include any clause prohibiting patients with prior felony convictions, which may include drug felonies, from receiving their medical marijuana card. Your criminal background will not be taken into consideration during the application process.
The One Exception: Designated Purchasers
According to Montana state laws, a patient may appoint up to two designated purchasers who can purchase and distribute medical cannabis products on the patient’s behalf.
Individuals convicted of felony drug offenses cannot qualify as designated purchasers under Montana law.
This means a felon may apply for and receive a medical marijuana card but cannot serve as a designated purchaser for another patient.
Eligibility Requirements for a Montana Medical Card
Requirements for any applicant, including felons, are as follows:
- Age: 18 years or older (minors require parental consent and a caregiver)
- Residency: Must be a Montana resident
- Qualifying Condition: Must have an approved medical condition under Montana law
- Medical Recommendation: Written recommendation from a licensed Montana physician
As of 2025, qualifying conditions include:
- Chronic pain or painful muscle spasms from a central nervous disorder
- Cancer
- Glaucoma
- HIV/AIDS
- Crohn’s disease
- PTSD
- Epilepsy and seizure disorders
- Multiple sclerosis
- Terminal illnesses and hospice care
- Cachexia (severe weight loss)
Montana maintains a fixed list of qualifying conditions and does not currently accept petitions to add new conditions.
The Tax Benefit of Holding a Medical Card
Although recreational cannabis is legal for adults age 21 and older, medical marijuana patients receive significant tax savings. Recreational cannabis purchases are subject to a 20% state tax, while medical marijuana purchases are taxed at only 4%, plus applicable local taxes.
Key Legal Considerations for Felons
Federal Law Still Applies
Marijuana remains a Schedule I controlled substance under federal law.
- Federal Probation or Parole: Medical marijuana use may violate supervision terms.
- Federally Subsidized Housing: Cannabis possession may violate housing agreements.
- Federal Employment: Federal employers do not recognize state medical marijuana protections.
State Probation
Many probation conditions include drug-free requirements. Having a medical marijuana card does not automatically exempt you from those restrictions. Consult your probation officer and attorney before using cannabis.
Employment Drug Testing
Montana employers are not required to accommodate medical marijuana use. Employees may still face disciplinary action or termination after testing positive for THC.
How to Apply for a Montana Medical Marijuana Card
Step 1 – Confirm Your Condition
Verify that your medical condition appears on Montana’s approved list of qualifying conditions.
Step 2 – Obtain Physician Certification
Schedule an appointment with a licensed Montana physician who participates in the Medical Marijuana Program. If eligible, the physician will provide written certification.
Step 3 – Submit Your Application to DPHHS
Complete and submit your application along with proof of Montana residency, physician certification, and required fees.
Step 4 – Receive Your Card and Visit a Dispensary
After approval, you may purchase medical cannabis from licensed Montana dispensaries.
Medical patients may cultivate up to four cannabis plants, while recreational users are generally limited to two plants.
Typical Costs: Physician consultations generally range from $75 to $150. State application fees are relatively low.
Bottom Line
Felons can legally obtain a medical marijuana card in Montana. Criminal history does not affect patient eligibility, provided you meet all medical and residency requirements. The primary restriction is that individuals convicted of felony drug offenses cannot act as designated purchasers for other patients.
Before using medical cannabis, review any federal supervision requirements, probation conditions, employment policies, or other legal obligations that may apply to your situation.
Frequently Asked Questions (FAQs)
Does Montana check criminal records when you apply for a medical marijuana card?
No. Montana does not conduct criminal background checks for medical marijuana patient applications. Eligibility is based on medical qualifications and residency requirements.
Can a felon be a designated purchaser for a medical marijuana patient in Montana?
No. Individuals convicted of felony drug offenses cannot serve as designated purchasers for medical marijuana patients under Montana law.
Can I use my Montana medical card if I am on probation?
It depends on your probation terms. Many probation agreements prohibit controlled substance use. Consult your probation officer and attorney before using medical cannabis.
Is there a benefit to getting a medical card in Montana if recreational cannabis is already legal?
Yes. Medical marijuana purchases are taxed at 4%, while recreational cannabis purchases are subject to a 20% state tax, making medical cannabis significantly less expensive.
What felony drug offenses disqualify someone from being a designated purchaser in Montana?
Any felony conviction involving controlled substances can disqualify an individual from serving as a designated purchaser. The restriction applies regardless of how long ago the conviction occurred.
How much does a medical marijuana card cost in Montana, and how long is it valid?
Physician evaluations generally cost between $75 and $150, while state application fees are relatively low. Medical marijuana cards must be renewed annually through the recertification process.
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