Can a Felon Get a Medical Card in Virginia?
The laws regarding cannabis have experienced numerous changes within Virginia, and many of those changes have turned out to be beneficial for people with a criminal background. If you have a felony conviction history and are thinking about making use of medicinal cannabis in Virginia, then there are certain things that you should know. To begin with, Virginia has one of the most liberal cannabis laws in the US as far as their policies are concerned.
The Direct Answer: Felons Can Qualify as Patients
The Medical Cannabis Program was handed over to the Virginia Cannabis Control Authority (CCA) on January 1, 2024. The CCA deals with patient certification and registration procedures. There is no need to conduct any screening related to your criminal background while filing an application for the medical cannabis program.
Your criminal record does not stand as a bar to your application and registration for the medical cannabis program.
Virginia's Medical Card Is Now Optional
Some of the unique features of Virginia's scheme include the choice of whether or not you want to have a medical marijuana card. You don't necessarily need to apply for a registry identification card at CCA to buy medical cannabis. It suffices to have the certification written out by a registered medical practitioner.
If applying for a registry identification card, you must pay the government fee of $50, which is reduced to $25 if applying for yourself as a proxy of a child. Your confidentiality as a registered user will be maintained since, under HIPAA rules, you are a covered entity. In both cases, you will be legally allowed to purchase cannabis.
No Qualifying Condition List
The physicians in Virginia are provided with lots of freedom in their practices. They do not have a specific list of medical problems. The physician registered with CCA is free to issue a certification for any illness that he/she believes can be treated using cannabis.
Some of the common illnesses are chronic pain, PTSD, anxiety disorders, depression, cancer, seizures, multiple sclerosis, insomnia, and others. All you require to have your certification to purchase cannabis is for your doctor to feel that cannabis can alleviate your symptoms.
Caregivers in Virginia: A Narrower Role
The structure of the caregiver network in Virginia is less developed than that in other states. By law, caregivers must be parents or legal guardians of the minor or vulnerable adult patient, but there is no provision for adult-to-adult caregivers in Virginia.
Nevertheless, Virginia established a program of a registered agent through which anyone could appoint an individual who would purchase cannabis on their behalf. As far as the background checks are concerned, there are provisions that if the person has been convicted of felonies within seven years, then he or she will become ineligible to use the services.
Strong Employment Protections for Certified Patients
Under the terms of House Bill 1862, taking effect from July 1, 2021, employers within Virginia (both public and private) will be prohibited from discriminating against an employee or denying employment to a potential employee on account of holding a certified card for medical cannabis. This is particularly relevant to felons who are entering the workforce.
Virginia's Cannabis Felony Sentence Reform: 2025 Update
The General Assembly of Virginia for 2025 has devised a way for people charged with specific offenses that include possession of cannabis, before July 1, 2021, and are still in prison or under community supervision on July 1, 2025, to undergo automatic hearings where their sentencing could be reviewed for modification. In this regard, please consult an attorney in Virginia. Convictions for cannabis possession in Virginia have been expunged incrementally since 2020 onwards.
Legal Considerations for Felons
Federal Law
It is classified as a Schedule I substance. It brings along issues regardless of being part of Virginia's state program:
- Conditions in federal probation and parole: If you have been placed on supervision at the federal level, it means using cannabis will be a violation. State certifications do not protect you from this offense at the federal level.
- Federally subsidized housing: In terms of housing laws set by HUD and any other housing program under federal jurisdiction, consumption and possession of cannabis can be considered illegal.
- Employment in federal agencies: When you work in federal organizations, you are out of the jurisdiction of state laws.
State Probation
The conditions stipulated by the state of Virginia for probation typically include staying away from drugs. The letter issued by your physician will not have priority here over this condition. One should always consult his or her lawyer/probation officer about the matter before filing for the application.
Firearms
According to Federal law, the possession of any firearm by an individual using marijuana for therapeutic purposes is prohibited. This represents another issue about firearms felons.
How to Get a Medical Marijuana Certification in Virginia
Step 1 - Consult a CCA-registered practitioner
Contact a Virginia doctor, PA, or APRN licensed by the Cannabis Control Authority. There is an abundance of telemedicine services available. Starting December 1, 2025, the CCA Portal will be used for written certification issuance.
Step 2 - Receive your written certification
In case of approval, the practitioner issues a written certification. A mere written certification is sufficient to purchase medical marijuana from any authorized dispensary in Virginia – there is no need for a card.
Step 3 - Register with the CCA (optional)
To obtain a registry ID card, complete an application on the patient portal of the Cannabis Control Authority. The processing fee is $50. Medical records are protected under HIPAA.
Step 4 - Visit a licensed dispensary
Take the written certification and any photo identification documents to any pharmacy dispensary in Virginia authorized by the state to distribute cannabis. Individuals can purchase up to 4 oz of botanical marijuana in 30 days in addition to other forms of the substance.
Doctor visit fee: The typical cost for telehealth certification consultations varies between $99-$199.
Bottom Line
The state of Virginia does not disqualify those who have committed felonies when it comes to applying for certifications to use cannabis and also becoming patients of medical marijuana in the program. There is no list of conditions that qualify patients in the state of Virginia, and the card itself is optional; any condition that a doctor deems beneficial with cannabis will be approved.
The biggest limitations that will apply to someone who has committed a felony in Virginia are related to the requirement to become a registered agent, whereby one cannot register if they have committed a felony within seven years, and also the license for cannabis businesses in the industry.
One can apply for sentence modification due to Virginia's 2025 sentence reform legislation if he or she is a cannabis felon currently serving his/her time.
Frequently Asked Questions (FAQs)
Does Virginia check criminal records when you apply for a medical marijuana card?
No. There is no background check performed by Virginia before issuing a medical cannabis card. Certification comes down to whether your condition could be helped by cannabis-based medicine. No matter how many felonies you have had, it will not affect your patient application.
Do I need a medical card to buy cannabis at a Virginia dispensary?
No. The medical cannabis card issued by Virginia is optional. With a proper written certification issued by a registered practitioner, you are allowed to access the medication from dispensaries without applying for the registry card. You may opt to apply for a $50 HIPAA-compliant identification number, but it is not mandatory.
Can I be fired for being a medical cannabis patient in Virginia?
Usually, no, just having the certification does not automatically disqualify you. Employers in Virginia cannot fire or refuse to hire you based on your certification under the provisions of House Bill 1862. Still, they have the right to take action if you are impaired at work.
Can I use my Virginia medical certification while on probation?
It all depends on the stipulations of your probation agreement. Most state probation stipulations include clauses forbidding the consumption of drugs, and a certification will not nullify these. For federal probation or parole agreements, however, the use of cannabis is strictly forbidden. Always check with your lawyer or probation officer before consuming medical cannabis while still on probation or parole.
Can felons still serving time for a cannabis conviction in Virginia get relief?
Maybe. Virginia's 2025 General Assembly passed a bill allowing those who had been sentenced to jail time or were currently under community supervision on cannabis felonies before July 1, 2021, to have their sentences reviewed as of July 1, 2025, with the possibility of having their sentences changed. Seeking legal counsel from a Virginia attorney regarding your eligibility is highly advised.
What conditions qualify for medical marijuana in Virginia?
There are no established qualifying conditions. A condition may be determined to qualify as long as a CCA-certified physician, physician assistant, or advanced practice registered nurse feels that the condition could potentially benefit from cannabis use as treatment.