Can a Felon Get a Medical Card in Massachusetts?

One of the best cannabis programs across the United States of America is in Massachusetts. In this state, marijuana has been decriminalized since 2008. Medical cannabis was legalized in Massachusetts in 2012. This state was one of the first on the East Coast to start recreational cannabis sales. At the moment, Massachusetts is governed by the Cannabis Control Commission, which is considered the most transparent one.

For people who have committed a felony in Massachusetts, the key question is whether a person can be a marijuana user despite his/her criminal history. The good news is that Massachusetts does not perform any criminal background check before issuing a medical marijuana card. Having a felony does not disqualify a person from becoming a medical marijuana patient. The registration fee was also removed, making the Massachusetts program free for patients.

But Massachusetts has among the most elaborate standards for cannabis suitability requirements for business licensing and workers anywhere - standards laid out in the form of multiple tables in accordance with 935 CMR 501.000 and 935 CMR 500.000, which make the difference between disqualifying offenses, presumptively unfavorable suitability findings, and rebuttable suitability factors depending on the nature and age of your criminal record. And knowing this process will be crucial if you intend to work in the cannabis business in Massachusetts.

This article includes everything you need to know about the subject.

How Massachusetts's Medical Cannabis Program Works

The medical cannabis initiative in Massachusetts is run by the Medical Use of Marijuana Act (M.G.L. c. 94I), which is overseen by the Massachusetts Cannabis Control Commission (CCC). The term for licensed dispensing facilities is Marijuana Treatment Center (MTC), previously known as Registered Marijuana Dispensary (RMD).

Key program facts for 2025:

• Regulated through the Cannabis Control Commission (CCC), Boston, Massachusetts
• Zero cost for registration - the CCC does not charge fees for applications for registration or renewal of the Medical Use of Marijuana Program registration card
• Validity of cards depends solely on patients' certifications; there is no specific card expiry period, except that of the written certification
• Written certifications are issued for 1-year and need to be renewed yearly
• Adult patients can possess up to a 60-day supply of marijuana for medical use
• Medical users can grow up to six cannabis plants in a single growing cycle in the state for personal use
• For recreational use, only adults above the age of 21 are allowed to use marijuana freely; medical patients enjoy certain tax exemptions and higher possession limits
• Children below 18 years of age require certifications from two certified medical practitioners within Massachusetts to prove that they suffer from a life-limiting illness
• Pediatric patients must have one primary caregiver who is above 21 years of age
• The reciprocity program does not apply in Massachusetts
• The Cannabis Industry Portal (MassCIP) and the Medical Use of Marijuana are managed by the CCC

Can a Felon Get a Medical Marijuana Card in Massachusetts?

Yes – without a doubt.

Cannabis Control Commission does not charge an application fee for obtaining/renewing your registration card for using marijuana under the state's Medical Use of Marijuana Program. Most importantly, about this particular piece, Massachusetts does not require a criminal background check as part of the process of obtaining a medical cannabis registry identification card.

Requirements to become a patient according to the M.G.L. c. 94I include: residing in Massachusetts, being at least 18 years old (or being a minor and designating a caregiver who is 21+), and suffering from one of the medical conditions listed on the site and recognized by a qualified Massachusetts healthcare provider.

This puts Massachusetts among the most liberal states when it comes to access regardless of criminal history. Irrespective of whether you've been convicted of a felony involving drug trafficking or a violent offense, you may be issued a registration card for Massachusetts' medical marijuana program.

The Suitability Standard: Massachusetts's Detailed Licensing Framework

Although there is no question of criminal prosecution against patients, the state of Massachusetts has one of the most advanced suitability standards in the nation for issuing licenses and registering agents for marijuana businesses. These criteria are outlined under 935 CMR 501.801 through 501.803 for the medical program and 935 CMR 500.800 through 500.803 for the adult-use program.

• Licensees of MTCs – individuals who own and have direct or indirect control over the marijuana treatment center.
• Agents of MTCs – individuals employed and volunteering within the MTCs
• Agents of laboratories – individuals employed by independent testing laboratories and volunteering therein.

This suitability disqualification framework applies three layers of disqualification based on different outcomes and procedures.

Tier 1: Mandatory Disqualification (Automatic Bar)

Pursuant to 935 CMR 501.801(1), it is against the law for the CCC to issue an MTC license to any individual who is controlled, either directly or indirectly, by anyone who has been convicted of a felony or offense in another state that would qualify as a felony under Massachusetts law, with one very important exception:

If the conviction is only for a marijuana offense or only for a violation of M.G.L. c. 94C, § 34 (relating to possession of a controlled substance), then the applicant is eligible provided that the offense did not involve the distribution of the controlled substance, which includes marijuana, to a minor.

This is an important equality provision within the Massachusetts statute:

• A prior felony conviction for simple marijuana use or a marijuana offense will not necessarily preclude you from receiving your MTC license.
• On the other hand, a prior felony involving violence, fraud, or the distribution of drugs to a minor will preclude you from receiving an MTC license.

Under the provision found in 935 CMR 501.802, for MTC Agents (Employees), a prior conviction only for a marijuana violation or any violation of M.G.L. c. 94C, § 34 shall not disqualify an individual or prevent the person from qualifying for employment and licensure involving an MTC, provided that there was no involvement in the distribution of controlled substances, which includes marijuana, to a minor.

In 935 CMR 501.803, for Laboratory Agents, however, the CCC cannot issue a license to a laboratory agent who has committed a felony drug offense in Massachusetts or any other place that may be considered a felony drug offense in Massachusetts. Contrary to the dispensary agents, laboratory agents are not exempt if the offense committed involved a single instance of marijuana – they cannot receive a license.

Tier 2: Presumptive Negative Suitability Determinations (Rebuttable)

In cases of crimes where disqualification is not mandatory, Massachusetts employs a presumption of unsuitability process whereby there are certain convictions that carry a presumption of unsuitability that can be rebutted through a proper process.

Based on CCC policy and 935 CMR 500.801 (Table A), these include:

• Felony acts of violence and/or acts of dishonesty or fraud, with a lookback period of 5 years from the date of disposition (or release from incarceration if there was imprisonment)
• Sexual offenses, according to M.G.L. c. 6, § 178C, with a lookback period of 10 years
• Open criminal proceedings for charges which, on conviction, will cause statutory disqualification
• Continuance Without a Finding for crimes of violence or fraud
• Two or more convictions for violent crimes or dishonest acts within the last 7 years

A noteworthy aspect of the Massachusetts program: these factors are presumptive, not automatic. The CCC's Suitability Review Committee may reconsider any presumptive negative determination, hear the applicant out, and recommend accordingly. The applicant who believes his presumptive negative determination is unjustified or who considers his rehabilitation to be sufficient may appeal. Lookback periods begin from the date of disposition or release from prison, whichever occurred last.

Tier 3: Other Factors Reviewed Through Suitability

Apart from the mandatory disqualifications and presumptively negative determinations, the CCC can take into consideration the following during their suitability review:

• Weapon offenses that are non-felonies and involve narcotics
• More than one criminal complaint has been filed against you within 5 years
• Previous cannabis business violations in Massachusetts and elsewhere
• Failure to be registered as a sex offender

All these are taken holistically and not as an automatic basis for disqualification.

Caregiver Rules in Massachusetts

Qualifying patients in Massachusetts can designate a personal caregiver who will assist them in acquiring and consuming medical cannabis. Unlike in other states, the role of caregivers in Massachusetts is quite distinct. In particular, adult patients over the age of 18 do not require any caregivers but may voluntarily designate someone to serve as one. All minor patients under 18, on the other hand, must have caregivers.

Registration requirements for caregivers in Massachusetts:

• Must be at least 21 years old
• Must be a Massachusetts resident
• Must register with the CCC's Medical Use of Marijuana Program
• Must upload valid government-issued ID, proof of Massachusetts residency, and a passport-style photo
• If applicable, caregivers must prove their relationship to the minor patient
• It is free to acquire a caregiver ID, just like the removal of fees for the medical program itself

Notably, however, the regulations applicable to MTC Agents, particularly the exception from marijuana offenses and the suitability determination, do not extend automatically to primary caregivers. Nonetheless, caregivers must officially register with the CCC, which also has the right to consider applications for suitability issues.

Qualifying Medical Conditions in Massachusetts

Eight specific conditions qualify as a debilitating condition, and there is another provision that leaves much to the discretion of the certified physician.

The eight specifically named conditions under M.G.L. c. 94I are:

• Cancer
• Glaucoma
• HIV/AIDS
• Hepatitis C
• ALS (Amyotrophic Lateral Sclerosis)
• Crohn's disease
• Parkinson's disease
• Multiple sclerosis

On top of that, the Act also enables certified physicians to suggest medical marijuana for some other debilitating conditions like, e.g., conditions related to wasting syndrome, intractable pain, weakness, or nausea. The examples of commonly certified debilitating conditions include:

PTSD, anxiety disorders, chronic pain, migraines, seizure disorder, fibromyalgia, insomnia, arthritis, inflammatory bowel disease, and any other debilitating conditions that are determined by the licensed practitioner.

It should be mentioned that since the program was established in 2012, no new debilitating conditions have been added to this list. In contrast to Maine, California, and Delaware, the Massachusetts program operates with a list of debilitating conditions. In Maine, California, and Delaware, for example, it does not even exist. Therefore, physicians are required to justify a certain condition being considered debilitating in their notes.

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

Step 1: Register on the Medical Use of Marijuana Online Portal

Before you consult with the physician, make sure that you set up your account via CCC's Medical Use of Marijuana web page. Your Patient PIN, required by the provider in order to complete your certification, will be created using this service. This page is accessible via CCC's website: https://www.masscannabiscontrol.com.

Step 2: Receive a Written Certification from a CCC-Registered Healthcare Provider

Make an appointment with a Massachusetts-certified medical professional who has been registered with the Medical Use of Marijuana Program. The CCC allows certifications issued by:

• Physicians (MDs, DOs)
• Nurse Practitioners (NPs)
• Physician Assistants (PAs)
• Certified Nurse Midwives (sometimes)

No referral is needed to get an appointment with a physician. Instead, make an appointment with a specialist in marijuana medicine. Telemedicine appointments are common. The certification issued by your provider will be valid for one year.

Step 3: Complete Your Registration

Once you receive your certificate, sign in again to your patient portal account. Submit the following documents:

• A valid Massachusetts state-issued photo ID (driver's license, state ID card, or passport with proof of residency in Massachusetts)
• Proof of Massachusetts residency (utility bill, bank statement, up-to-date property tax bill, voter registration card, or health insurance identification)
• A passport-type photo

Should you designate a caregiver, make sure to select one at the time of registration. The caregiver must register separately.

Step 4: Pay No Fee

The CCC does not require the payment of any fees from the applicant for registering or renewing the Medical Use of Marijuana Program registration card. Registration of the applicant is entirely free of cost.

Step 5: Download Your Temporary Card

A successful applicant will be able to access his or her paper temporary registration card after receiving approval by simply downloading it online. The permanent plastic card will be sent by mail to the patient after around two weeks' time period.

Step 6: Purchase at a Licensed MTC

Using your registration card, you will be allowed to buy a maximum of 60 days' worth of medical cannabis from any legal Massachusetts Marijuana Treatment Center. Moreover, you are also eligible for the exemption of taxes on purchasing cannabis, allowing you to save a tax of 17% to 20% in case of adult-use cannabis purchases.

Benefits of a Medical Card Over Recreational Use in Massachusetts

With recreational cannabis being legal in Massachusetts for those over 21 years old, here are some reasons to have a medical card:

• No tax payment: Passage of H. 3818 created a unified tax of 17%-20% for recreational cannabis. Medical marijuana is completely tax-exempt. Therefore, you save money each time you buy the substance.
• Higher possession limit: Those using recreational cannabis have the right to carry 2 oz in public places (as per the proposed H. 4206 change from 1 oz) and up to 10 oz in their personal residence. Those with medical conditions will be allowed to purchase a 60-day supply as certified by a doctor.
• Access by minors: Minors are prohibited from buying cannabis for recreational use, but can apply for medical marijuana use with designated caregivers over 21 years and two physicians' certification.
• Possession limit determined by your physician: Your certifying doctor determines precisely how many ounces constitute your 60-day supply.
• Cost-free medical marijuana: Recreational cannabis costs up to a 20% tax on its price tag.

Massachusetts Cannabis Expungement: An Active Reform Landscape

There are several initiatives to further increase the number of Massachusetts cannabis record expungements. There are at least two active bills that could further improve expungement practices in the state. They include S. 1161, which seeks to improve policies regarding expungement of cannabis possession cases, with automatic expungement being among them, and H. 1811, which establishes a clean slate automatic record sealing program.

Individuals who have a cannabis-related conviction for doing something that is now legal according to Massachusetts law, especially those who possessed cannabis amounts that are currently legal, are entitled to petition for expungement. Expungement is not automatically granted, but legal clinics where people can apply for assistance in obtaining expungement were held in many communities in Massachusetts.

Once your cannabis-related conviction is successfully expunged, it will not be taken into account when considering your suitability for work in the cannabis industry. For more information on applying for expungement, contact Greater Boston Legal Services, the Massachusetts Judicial Branch, or a qualified Massachusetts lawyer.

Workplace Protections for Medical Cannabis Patients

In Massachusetts, employers are not permitted to discriminate against a person because he/she is considered a medical cannabis cardholder. Nevertheless, there can still be company policies on substance abuse that would affect the hiring process, especially for safety-sensitive positions, positions under the purview of the federal government, and those related to federal contracts.

The Supreme Judicial Court in Massachusetts has ruled that there can be situations where medical cannabis users should get reasonable accommodations at work, making Massachusetts one of the better states when it comes to patient protections.

Federal Law Considerations

Even with a legal Massachusetts medical marijuana card, the laws at the federal level have not been altered. Cannabis still falls under the category of Schedule I controlled substances, according to the Controlled Substances Act. It is particularly important for:

• Individuals who are on federal probation or parole
• Those who reside in federally funded housing
• Federal workers and contractors
• United States military personnel

Before taking medical marijuana under federal supervision, always seek legal advice from your attorney or supervisor.

Key Takeaways

• Felons have free access to obtaining a marijuana registry card since the CCC does not conduct background checks on patient applications, and past criminal records are not considered when determining patient eligibility.
• Obtaining a patient or caregiver card is free - there are no more patient and caregiver registration fees.
• The licensing and registration of cannabis businesses, as well as MTC agents, are subject to a thorough three-level suitability test as per 935 CMR 501.000 and 500.000.
• Marijuana-only felony offenses do not affect MTC license holders or MTC agent registrants due to a direct statutory exception contained in M.G.L. c. 94I and 935 CMR 501.801–801.802.
• Laboratory agent registrations have higher restrictions - a laboratory agent candidate cannot have felony drug offenses regardless of whether they are marijuana-only crimes.
• A finding is presumptively negative but is contestable - there is an Appeals Committee of the CCC which hears cases of rebuttable presumptions.
• Looking back, periods exist - violent/fraud felonies are reviewed within five years, and sex offenses require ten years to pass.
• Medical users have up to a 60-day supply that they are not subject to Massachusetts' 17%-20% sales tax on recreational use cannabis.
• Legislation for cannabis expungement is moving forward in Massachusetts' legislative body. Those who are eligible with past cannabis offenses need to contact an attorney regarding expungement possibilities.

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