Can a Felon Get a Medical Card in Minnesota?

Minnesota is among the latest states to legalize cannabis in the country. The state legalized recreational cannabis use through the passage of HF 100 (Chapter 63), signed by Governor Tim Walz on May 30, 2023, putting the state at number 23 among states that have legalized adult-use recreational cannabis. Personal possession became legal on August 1, 2023, while home cultivation was soon legalized thereafter. Adult-use retail sales started towards the end of 2025 as OCM finalized licensing procedures.

Minnesota has had its medical cannabis program running since 2015 and has made a lot of changes, including adding more qualifying conditions, getting rid of all patient fees, eliminating age restrictions for patients, and shifting management from the Department of Health to the new Office of Cannabis Management (OCM) starting March 1, 2025.

In Minnesota, for people with a felony, the question then becomes: Is it possible for a felon to get a medical marijuana card in Minnesota?

In this case, it is simple and optimistic – yes, you can get a marijuana certification even if you have a felony in Minnesota. The disqualification for felony conviction provision, according to Chapter 152 of Minnesota Statutes, applies only to those involved in caregiving and working in a cannabis-related business. It does not apply to people interested in becoming part of the Medical Cannabis Registry Program.

How Minnesota's Medical Cannabis Program Works

The medicinal marijuana program in Minnesota is governed by Sections 152.22 to 152.37 of the Minnesota statutes that include the Medical Cannabis Therapeutic Research Act. The OCM currently runs the medical program of Minnesota, having taken over the administration of the program from the Department of Health on March 1, 2025.

Key program facts for 2025:

• Office of Cannabis Management (OCM) oversees this process as of March 1, 2025
• There are no state registration fees – starting July 1, 2023, qualifying patients are exempt from paying any fees when signing up for the program; registration is free of charge
• No physical card is provided either, only enrollment in the registry – Minnesota does not offer a physical card for qualifying patients; instead, they are entered into the Medical Cannabis Registry, where they can use cannabis based on their enrollment
• The validity period lasts up to three years, as recommended by the certifying practitioner – the longest one among other states in the US
• Patients can purchase and carry up to a 30-day supply of products; the amount varies based on the recommendation of the dispensing pharmacist
• Adult use of cannabis is legal in Minnesota for individuals who are 21 years old and above – medical patients have additional benefits, including total tax exemptions
• Medical patients are eligible at 18 years old and older – recreational cannabis users must be 21 years old; medical cannabis starts at 18
• Medical patients under the age of 18 can enroll under a designated caregiver
• Minnesota's medical marijuana cards issued by other states cannot be used in Minnesota dispensaries - only those registered with Minnesota can buy from Minnesota dispensaries under the medical program
• Applications are handled on a first-come, first-served basis and take a maximum of 30 days
• The OCM is accessible by calling 651-201-5598 or toll-free at 844-879-3381, Monday-Friday between 10:00 am and 4:30 p.m.

Can a Felon Get a Medical Marijuana Card in Minnesota?

Yes - unambiguously.

The Medical Marijuana Certification Program in Minnesota doesn't have a provision for a background check of the patients. Eligibility criteria for patients as per Section 152.22 of Minnesota State law: must be a Minnesota resident and certified by a licensed healthcare provider in Minnesota as having a qualifying medical condition. Background check or criminal record is not among the patient eligibility criteria.

Reliable sources are verifying this point: you will be able to obtain a certificate for medical marijuana in Minnesota even if you are a felon. Fortunately, in most states, there's no prohibition on allowing felons to have their medical marijuana cards, Minnesota being one of those.

Minnesota Felony Disqualification in Chapter 152 applies only to designated caregivers and manufacturers.

What Is a "Disqualifying Felony Offense" in Minnesota?

Minnesota's description of "disqualifying felony offense" is provided in Minnesota Statutes § 152.22, Subd. 3:

Several key points from this statutory definition:

1. Drug-specific definition

As compared to states like Kentucky (violent offender category) or Michigan (violent felony offenses and other recent felony offenses), Minnesota's disqualifying felony offense pertains only to law violation on the issue of controlled substances. In other words, your prior conviction should be for a felony drug offense, and non-drug-related offenses such as fraud or assault do not qualify under Chapter 152 as a disqualifying felony offense.

2. Regardless of the sentence imposed

The definition is irrespective of the type of sentence, which means even your felony drug conviction may not have landed you jail time but just probation; then it will still be considered as a disqualifying felony offense.

3. The medical cannabis conduct exception

What is more important, the definition excludes any felony drug conviction that the commissioner finds was related to using marijuana or helping others to use marijuana medically. Hence, if your felony drug offense is specifically based on your past conduct of medical marijuana use, then the commissioner has discretion to decide whether it qualifies as a disqualifying felony offense.

4. No lookback period

Unlike certain states like Maine (5 years), Arizona (10 years), and Delaware (10 years), the definition of disqualifying felony offense provided in Chapter 152 of Minnesota law does not have any lookback period for controlled substance felonies. A felony offense based on the use of drugs is still considered a disqualifying felony offense according to Chapter 152, no matter how old the conviction is, unless it comes under medical marijuana.

Who the Disqualifying Felony Offense Rule Applies To

Designated Caregivers

According to Minnesota's Medical Cannabis Therapeutic Research Act, the designated caregiver is defined as an adult who will be allowed by the law to help a qualified patient in purchasing and using medical cannabis. According to Minnesota Statutes Chapter 152, designated caregivers must not have any conviction for a disqualifying felony offense.

The Commissioner's Office at the Department of Health (currently referred to as OCM) must certify the designated caregiver. This certification process demands that the individual declare whether they have committed any disqualifying felony offense – this involves controlled substances felonies according to Minnesota or federal law, except for medical cannabis conduct.

Additional caregiver requirements in Minnesota:

• Must be at least 18 years old (much younger compared to other states that require the caregiver to be 21 years old)
• Must be officially authorized by the OCM Commissioner
• Cannot have a disqualifying criminal conviction history (felony)
• Natural caregiver for minor participants in the program are the parents/guardians
• In Minnesota, adults who are 18 years or older can be designated as caregivers, thus having the youngest age requirement in this sequence

Cannabis Manufacturer Employees and Owners

Manufacturing licenses issued under Minnesota Statutes Chapter 152.29 stipulate that all personnel involved with a license holder must undergo a background check and not possess any felony convictions, which might make them ineligible. Medical cannabis manufacturing businesses in Minnesota are responsible for growing, processing, distributing, and retailing marijuana under the medical program.

The OCM oversees applications for cannabis business licenses in accordance with adult-use regulations provided for in HF 100 legislation. License applicants in the adult-use market must be 21 years of age or older and clear a background check without any disqualifying criminal convictions. Criminal history is also considered when granting adult-use dispensary licenses, much like Minnesota's medical manufacturer licensing process.

Minnesota's Medical Cannabis Conduct Exception: A Notable Protection

One of the most important characteristics in the disqualifying felony definition of Minnesota is the exception concerning the use of medical cannabis. The Minnesota Statutes § 152.22, Subdivision 3 states that the commissioner has the right to consider the conviction for using medical cannabis or helping someone else to use medical cannabis as non-disqualifying felonies.

Such an exception may be used by individuals who were convicted of drug offenses in Minnesota or any other state if their conduct was legal – or would have been considered legal if committed under the medical cannabis framework. For example, if your past drug felony is related to using cannabis for medical purposes and such actions are not criminal in Minnesota, then you can apply to the OCM Commissioner and request that he conclude that you do not have a disqualifying felony offense.

However, this is not mandatory; you just have the option to try your luck with this exception.

Minnesota Does Not Issue a Physical Medical Card: What This Means

One of the unique aspects of the program in Minnesota is that there is no actual card issued for medical marijuana. While most states in this collection have some form of a physical or digital registry card that is presented at dispensaries, Minnesota's Medical Cannabis Registry differs in that it:

• Patients will register in the Medical Cannabis Registry that is managed by the OCM.
• After the registration, the patient's information will become available to licensed dispensaries through the registry program.
• The patient does not need to have any card to carry, but instead will need to use his government-issued ID together with the registry registration.
• After the approval of the registration, the patient will be provided with confirmation together with an enrollment link via email, and can use it to purchase products from the dispensary.

This process allows the elimination of the common dilemma of a temporary card vs. a permanent card. There will be no physical card that has to be renewed.

Qualifying Medical Conditions in Minnesota

The list of Minnesota's qualifying conditions is created by the OCM, and new qualifying conditions can be added to the list using an annual petitioning system. Individuals and organizations can petition the OCM to have new qualifying conditions added each year during June and July.

As of 2025, Minnesota recognizes 19 qualifying conditions for medical cannabis:

• Cancer associated with severe or chronic pain, nausea or severe vomiting, or cachexia or severe wasting
• Glaucoma
• HIV/AIDS
• Tourette's syndrome
• ALS (Amyotrophic Lateral Sclerosis)
• Seizures, including those associated with epilepsy
• Severe and persistent muscle spasms, including those associated with multiple sclerosis
• Crohn's disease
• Terminal illness, if the patient has a probable life expectancy of less than one year
• Intractable pain (chronic pain)
• Post-traumatic stress disorder (PTSD)
• Autism spectrum disorder with self-injurious or aggressive behaviors
• Obstructive sleep apnea
• Alzheimer's disease
• Sickle cell disease
• Inflammatory bowel disease (IBS - added in 2023)
• Obsessive-compulsive disorder (OCD - added in 2023)
• Any other condition, if a physician determines the patient would benefit from cannabis treatment

Finally, the provision allowing any other condition that the doctor believes is beneficial to the patient adds much flexibility for Minnesota licensees in certifying patients for conditions that are not explicitly mentioned on the list. The result is an effective qualifying list in Minnesota that goes beyond the 19 conditions listed.

Benefits of Medical Registry Enrollment Over Recreational Use in Minnesota

As Minnesota has legalized recreational marijuana for adults above the age of 21, here are the reasons why the Medical Cannabis Registry is an exceptionally useful program, particularly for persons with a felony history seeking legal safety and financial gains:

• Full tax exemption: Medical cannabis users qualify for complete tax exemption. On the other hand, those who purchase recreational marijuana have to pay a 15% cannabis excise tax, along with a 6.875% sales tax applicable to all products sold in the State of Minnesota, besides municipal taxes, making the total tax about 25% to 30%. Regular cannabis users will find the savings from taxation far more than the cost of getting a medical license, which is free in the state.
• Easier access at a younger age: A medical patient can get his/her license from the age of 18, while those consuming cannabis recreationally must be 21 years or older. It is thus an important factor in the case of qualifying minors between 18 and 20.
• Legal protection: Under the statute SF 2370, registered medical cannabis patients enjoy legal immunity from discrimination by landlords, employers, and educational institutions. Recreational marijuana consumers lack such legal protections.
• Limited access: Individuals below 18 years old may register as medical patients with caregivers appointed - recreational cannabis use is limited to individuals above 21 years.
• Guidance from a pharmacist: Upon visiting dispensaries that are registered, a medical patient will receive guidance on product selection by a pharmacist - something that is unavailable to recreational buyers.
• Enrollment validity period: For a period of up to 3 years per certification, medical enrollment remains valid - as compared to other states with annual renewals.
• Possession limits are clearly defined: With 30-day supply quantities clearly recorded, any individual may obtain legal clarity regarding the amount of cannabis they possess.

Workplace Protections for Medical Cannabis Patients

The law in Minnesota that pertains to cannabis use and HF 100 affords strong employment rights to cannabis users:

• Employers cannot terminate the employment of employees for off-duty cannabis use alone.
• Employers cannot turn down an applicant for employment based on a positive THC test result (subject to certain limitations).
• Employers can enforce a policy against cannabis use/impairment during working hours.
• Employers can have their own policy against drug use in safety-sensitive positions.
• Federal contractors and employers operating in federal regulatory industries can have a stronger policy because of the need to adhere to federal laws.
• There are limitations to the above in cases of safety-sensitive positions, commercial driver license holders, those using heavy machinery, and workers required to undergo federal drug tests.
• SF 2370 gives registered medical cannabis users protection against discrimination from landlords, educational institutions, and employers, which recreational users do not enjoy.

How to Apply for Minnesota Medical Cannabis Registry Enrollment (Step-by-Step)

Step 1: Confirm Your Eligibility

Firstly, ensure that you are a resident of Minnesota, and you suffer from an approved health condition or a situation where a physician will certify your need for marijuana treatment. This is because only a resident of Minnesota can apply to the MN MC Registry Program.

Step 2: Get Certified by a Licensed Minnesota Healthcare Practitioner

Schedule an appointment with a Minnesota-licensed healthcare professional listed with the OCM. The state recognizes certifications from:

• Licensed MDs
• PA licensed physicians practicing within their scope of practice
• Advanced practice registered nurses licensed as APRNs with primary care of the qualifying condition

Telemedicine appointments are readily accessible through OCM-registered professionals. Your practitioner will assess your condition and, after determining that you could benefit from medical marijuana, will certify you through the OCM registry. Once the certification has been submitted, an email from the OCM with the certification and enrollment link will be sent to you.

Step 3: Complete Your Enrollment Using the Registry Link

Visit the enrollment link available on your OCM email to access the Medical Marijuana Registry portal website. To complete the enrollment process, you will need to upload a copy of your government-issued identification, which may be your Minnesota driver's license, Minnesota state ID or a US passport, and provide proof of your residency in the State of Minnesota in case the residence address is not reflected on the ID document. Acceptable documents for residency can include:

Step 4: Pay No State Fee

As of July 1, 2023, there is no state registration fee for the Minnesota Medical Cannabis Program. Registration is absolutely free of charge. The only thing you need to pay is a physician's consultation fee, which depends on each individual doctor and is available via telemedicine services.

Step 5: Wait for Approval

OCM considers and evaluates all applications based on their receipt date. On average, the application processing takes up to 30 days. This period may increase if the application submitted is not complete or needs changes; hence, such applications get returned and have to be resubmitted.

Step 6: Access Medical Cannabis at a Licensed Dispensary

Approval of your enrollment in the Medical Cannabis Registry will make it possible for you to purchase medical marijuana in any Minnesota-licensed pharmacy. All that you need to do is show your government photo identification, after which your registration will be verified using the registry's database. Up to a 30-day supply of cannabis can be purchased.

Caregiver Enrollment: How to Register

If you plan to assign a caregiver or you want to act as one, this will follow the same process for the assignment of the patient. The patient should declare this intention when applying and supply the details for the caregiver.

The caregiver:

• Should be 18 years or older - the minimum age for caregiver designation in Minnesota is 18, compared to a minimum of 21 years in most other states
• Should not be a previous offender for a disqualifying felony crime — this applies to any felonious crime involving the misuse of controlled substances, both state and federal, except medical marijuana conduct
• Should have authorization from the OCM Commissioner
• Should go through a caregiver enrollment process and register independently
• Should provide proof of their identity through government identification documents and Minnesota residency

If the patient is a minor, their designated caregiver is their parent/guardian.

Minnesota Cannabis Expungement

The state of Minnesota has been making an effort towards increasing cannabis expungements under the legalized adult cannabis use law, HF 100. The bill encompasses sections that provide for the expunging of certain prior convictions regarding cannabis for behavior that is legal according to the laws of Minnesota. More bills are being proposed within the Minnesota legislature aimed at furthering the process of expungements.

If your prior cannabis conviction has been expunged, it may cease being used as a bar for caregiver or business employment positions due to the expungement being classified as a felony offense. You should consult with Minnesota Legal Aid, the Minnesota Judicial Branch, or a qualified Minnesota lawyer regarding your eligibility for expungements.

Federal Law Considerations

Even with membership in the Minnesota Medical Cannabis Registry, the federal rules have not been altered. Marijuana continues to be classified as a Schedule I controlled substance as per the Controlled Substances Act. This is particularly applicable to:

• Individuals under federal probation or parole
• Federally subsidized housing residents
• Federal employees and contractors
• Members of the United States military
• Commercial Driver's License drivers and other safety-sensitive personnel are subjected to federal drug screening

It is always recommended that one consult their attorney or supervising officer before joining the registry.

Key Takeaways

• Felonies are not an obstacle to enrollment in the Minnesota Medical Cannabis Registry because they apply to caregivers and cannabis manufacturer employees, but not patients.
• Drug felonies are defined by Minnesota as those that refer exclusively to controlled substances in the state and federal laws; a general felony charge will not apply.
• The disqualifying felony offense has no age limit; there is no 5-year or 10-year limit for drug offenses under Minnesota's caregiver guidelines.
• The medical cannabis conduct exception grants the Commissioner of OCM discretion regarding excluding cannabis-specific felonies from the list of disqualifying charges.
• No enrollment fee; starting on July 1, 2023, Minnesota abolished all patient fees, making registration absolutely free.
• No need for a physical medical marijuana identification card; patients simply show their driver's license at the dispensaries.
• Longest possible enrollment duration; it may take up to three years.
• Medical patients pay no sales tax; they save 25% to 30% as compared to buying marijuana recreationally.

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