Medical marijuana was legalized in Vermont in 2004, one of the first states to legalize it. In case you have a felony record, the answer would be yes because there is no disqualification for such patients from receiving medical marijuana in Vermont. Nevertheless, the caregiver regulations are stringent.
The Direct Answer: Felons Can Qualify as Patients
The Vermont Cannabis Control Board (CCB) oversees the state’s Medical Cannabis Program and provides registration identification cards to patients. No criminal background check is conducted for your patient application. Whether your felonies relate to any other activities or substance use disorder, they do not affect your eligibility.
If you meet the criteria as a resident and have a medical condition requiring medical marijuana, you qualify to apply.
The Caregiver Rule: A Clear Dual Restriction
Although there is no barrier in terms of a criminal history for patients, there is a specific eligibility criterion that Vermont imposes on registered caregivers, who are people who have permission to oversee the welfare of a patient regarding cannabis consumption, as well as the purchase of the substance for said patient.
Registered caregiver applications require a background check, and a person who has been previously convicted of a drug offense or any form of violent crime will not be considered a suitable candidate. Therefore, a person who is either one of the felons would not be able to register as a caregiver.
For the patient side, none of these criteria will affect the application process.
Cannabis Industry Employment: A Fairer Standard
According to the law, nonviolent drug convictions will not preclude someone from cannabis industry employment as of 2019, after Act 164. This does mean that background checks remain mandatory for the industry; however, there is an exclusion for certain positions.
Eligibility Requirements for a Vermont Medical Card
The following requirements apply to all patient applicants:
- Age: At least 18 years old (though minors may also apply if a caretaker aged 21 or more is involved)
- Residence: Should be currently residing in Vermont and have an ID or driver’s license from Vermont
- A Qualifying Condition: Should be a condition included in the list of debilitating conditions in Vermont issued by a qualified health practitioner
- Health Practitioner: Should be licensed to practice in Vermont, New York, New Hampshire, or Massachusetts
Currently, there are nine debilitating conditions and four categories of symptoms that can be included in the list, including cancer, AIDS, Multiple Sclerosis, Parkinson’s disease, Crohn’s disease, Posttraumatic Stress Disorder, Epilepsy, and symptomatic categories, such as chronic pain and severe nausea. Only legislation introduces new conditions; no petition exists in Vermont. The application period lasts for six months after the date of certification.
A Major Financial Benefit: Zero Cannabis Tax
There are very few states in which possession of a medical card actually results in a tangible tax break that persists on an ongoing basis. Medical card holders in Vermont do not have to pay any taxes on their cannabis purchase, whereas recreational consumers have to pay a whopping 20 to 21% of their purchase amount. Over time, this disparity becomes quite important, especially when dealing with chronic conditions.
Home Cultivation Rights for Medical Patients
With respect to the cultivation of plants at home, Vermont’s HB 270 permits a medical cardholder in Vermont to grow six mature and 12 immature marijuana plants, compared to the limit on recreational growers.
Important: No Telehealth for Initial Evaluations
Telemedicine is not allowed for obtaining a qualifying evaluation; the initial consultation must take place in person. However, telemedicine may be used for recertification purposes to extend the validity of a medical card beyond one year.
Legal Considerations for Felons
Federal Law
The possession and usage of marijuana continues to fall under Schedule I classification as a controlled substance despite Vermont’s system. This implies that:
- For people under federal probation or parole: The consumption of cannabis will most definitely be against your probation and parole rules. This does not apply to those who have obtained cards from the State.
- In cases involving federally subsidized or HUD homes, Possession of cannabis may result in breaches of contract in relation to the lease agreement.
- When applying for federal jobs, Agencies follow their own drug-free guidelines.
State Probation
Most of the time, the probation terms that Vermont issues are drug-free. The medical card does not waive this rule. Make sure to talk with your lawyer or probation officer before you use your medical cannabis.
Firearms
Under federal laws, no one can purchase or possess guns while using any type of marijuana. Even if someone uses marijuana for medical purposes, he or she cannot buy or own guns.
How to Get a Medical Marijuana Card in Vermont
Step 1 – See a licensed healthcare provider in person
Set up an in-person visit with a certified provider from Vermont, New York, New Hampshire, or Massachusetts. The provider will fill out and sign the Health Care Professional Verification Form if you meet the criteria.
Step 2 – Apply to the CCB
Your application can be completed either online via the Vermont Cannabis Control Board site or through the postal service. Your signed provider’s form, your state ID, and your passport-style picture must accompany your application within six months of your provider’s certification.
Step 3 – Pay the application fee
A typical state fee of $50 cannot be refunded. The validity period for Vermont medical cards is three years, which is considerably cheaper annually than in most states.
Step 4 – Receive your registry ID card
Your Registry Identification Card will be mailed to you using the address provided in your application by the CCB. Bring this along with a photo ID to any of the licensed dispensaries in Vermont. Out-of-state patients are not permitted to purchase cannabis from Vermont.
Bottom Line
There are no barriers that prevent the convicted from getting their marijuana card in Vermont. There will be no background checks for medical cannabis applications. As for the felony limitations, they apply to caregivers and cannabis business licensing. Regarding the latter, people will be able to qualify despite their previous history of nonviolent drug felonies due to the state law changes.
Vermont’s zero tax, home grow privileges, and long validity period for cards definitely make the application process worth your time. However, keep in mind that initial assessments should be performed in person, while the federal restrictions, your probation conditions, and employer’s policies may cause some problems. Contact an attorney if you need further advice.
Frequently Asked Questions (FAQs)
Does Vermont check criminal records when you apply for a medical marijuana card?
No. There is no background check on the patient applicants by the Vermont Cannabis Control Board. The qualification process relies only on the debilitating condition of the person applying, a healthcare provider’s confirmation, and the resident status of the patient in Vermont. Criminal records of the individual applicant do not matter.
Can a felon serve as a registered caregiver in Vermont?
No, especially when the felony was committed during a drug-related or violent offense. The background check of the caregivers in Vermont disqualifies those with convictions of drug-related crimes and/or violent felonies from becoming caregivers. It is one of the stricter caregiver background checks across the US. This, however, does not prevent the individual from applying to be a patient.
Does Vermont offer any tax benefits to medical marijuana cardholders?
Yes. Medical patients in Vermont do not pay any cannabis taxes when purchasing cannabis. They enjoy a cannabis tax of 0%, while recreational users pay 20 to 21%. This can amount to considerable savings for regular medical patients.
Can I get my Vermont medical card via telehealth?
Only for renewals. In Vermont, an in-person evaluation performed by a licensed health professional is required for all first-time applications. However, after you register, you can have your recertification for renewal appointments conducted through telehealth. Take this into consideration when scheduling your initial appointment, as there may be no qualifying professionals in your vicinity.
Can a felon with a nonviolent drug offense work in Vermont’s cannabis industry?
Yes, but only if nonviolent. According to Vermont laws, having a nonviolent drug offense in your criminal record will not bar a prospective employee from being considered for a cannabis job. This is because the state does not want to punish individuals who were once involved in legal activities before cannabis was legalized. However, background screening is mandatory.
How long is a Vermont medical marijuana card valid, and what does it cost?
The state allows medical cannabis registration cards to remain valid for a period of up to three years – one of the longest durations allowed anywhere. The state’s application fee is $50, non-refundable. Fees associated with physician verification depend on the particular professional performing this task. Recertifications can be done through telehealth.
