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

And this is where the significance of the above-stated point comes in regarding felons. According to the Montana state laws, the patient has the ability to appoint up to two designated purchasers with the power to purchase and distribute the medicinal products on behalf of the patient.

Those felons who are convicted of drug offenses cannot qualify as designated purchasers under the Montana state laws.

It means that the felon may apply for his own card, but he cannot serve as a designated purchaser for any other person. However, should there be a situation in which the felon considers purchasing and distributing products on behalf of another person, his past as a felon will impede him from carrying out this task.

Eligibility Requirements for a Montana Medical Card

Requirements for any applicant, even those who have committed a felony, are as follows:

• Age: 18 years or older (in case of minors, parental consent along with a caregiver is required)
• Residency: The applicant should be a present resident of Montana
• Qualified Condition: The applicant should be suffering from an approved qualified condition under Montana law
• Medical Recommendation: Written recommendation from a certified doctor of Montana

Unlike many other states, which allow an open-ended qualified condition, Montana has an exact list of qualified conditions. 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 (added in 2016)
• Epilepsy and seizure disorders
• Multiple sclerosis
• Terminal illnesses/hospice care
• Cachexia (severe weight loss)

Petitions are not considered to add more diseases to this list in Montana, so make sure that your illness qualifies for medical cannabis treatment.

The Tax Benefit of Holding a Medical Card

Although using marijuana recreationally is now allowed in Montana by those aged 21 years and older, it does provide a financial advantage to possess a medical card, seeing how recreational use will incur a 20% tax, compared to medical card users who only pay a 4% tax (plus 3% local tax).

Key Legal Considerations for Felons

Getting a state medical card is only part of the picture. Felons using medical marijuana in Montana should be aware of these overlapping legal issues:

Federal Law Still Applies

However, marijuana continues to be classified as a Schedule I drug under federal regulations in ways that affect felons in several cases:

• In case of federal probation or parole: The use of marijuana during federal probation or parole will undoubtedly violate the conditions of your probation or parole agreement, irrespective of the state medical marijuana card that you may have.
• In the case of federally subsidized housing, the use of marijuana in such federal housing facilities violates the tenancy agreement.
• Federal Employment: Such workplaces do not recognize state medical marijuana programs.

State Probation

Requirements for being on probation in Montana include a drug-free provision. Getting the medical card will not necessarily exempt you from adhering to such requirements. You should ensure you consult with your probation officer as well as the lawyer before using marijuana when on probation.

Employment Drug Testing

Montana laws do not obligate employers to allow employees who are on medical marijuana. Testing positive for THC will lead to dismissal regardless of the medical marijuana card.

How to Apply for a Montana Medical Marijuana Card

The process is manageable and can be done with or without telehealth:

Step 1 - Confirm your condition

Ensure that your medical condition is one of the approved categories under the state's regulations.

Step 2 - Get a physician certification

Have your medical assessment carried out by a licensed doctor who is registered to practice in the Medical Marijuana Program. He will examine your condition and give you a written certification if you qualify.

Step 3 - Submit your application to DPHHS

Fill in your application form and submit it together with evidence of your residency in Montana, your medical certification, and the application fee.

Step 4 - Receive your card and visit a dispensary

The medical marijuana card will allow you to purchase medicinal marijuana from any licensed dispensary across Montana. You can cultivate up to four marijuana plants as a medical user, unlike recreational users who are limited to only two plants.

Costs involved: Application fees for the state are relatively low. Fees for consultation with doctors are relatively high and vary between $75 and $150.

Bottom Line

Felons are eligible to acquire a patient medical marijuana license in Montana. As long as you meet the basic criteria and have a qualifying condition, your criminal record won't disqualify you from getting one. There is just one exclusion you need to remember, and it is that individuals who have been convicted of a felony for drug use cannot be designated purchasers for other patients. However, this does not affect you and your application for a license.

As usual, federal law, being under probation, and the employer may cause problems. Consult an attorney before using medical marijuana.

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