Can a Felon Get a Medical Card in Virginia?
Virginia has some of the most flexible medical cannabis laws in the United States. If you have a felony conviction and are interested in accessing medical cannabis, the good news is that Virginia does not disqualify patients based on their criminal history.
The Direct Answer: Felons Can Qualify as Patients
Virginia’s Medical Cannabis Program is administered by the Virginia Cannabis Control Authority (CCA), which assumed responsibility for the program on January 1, 2024.
There is no criminal background check required when applying for medical cannabis certification or registration. Your felony record does not prevent you from becoming a registered patient or obtaining a written certification from a qualified medical practitioner.
Virginia’s Medical Card Is Now Optional
One of Virginia’s most unique medical cannabis policies is that a registry identification card is optional.
Patients do not need to obtain a medical marijuana card to purchase medical cannabis. A written certification from a registered healthcare practitioner is sufficient to legally purchase products from licensed dispensaries.
Patients who prefer a registry card may apply through the Virginia Cannabis Control Authority.
- $50 fee for a standard registry identification card.
- $25 fee for individuals applying as a parent or guardian of a minor patient.
- Patient records remain protected under HIPAA privacy laws.
Whether you choose a written certification alone or obtain a registry card, both options allow legal access to medical cannabis in Virginia.
No Qualifying Condition List
Unlike many states, Virginia does not maintain a specific list of qualifying medical conditions.
CCA-registered physicians, physician assistants, and advanced practice registered nurses have broad discretion to determine whether cannabis may benefit a patient’s condition.
Common conditions often certified include:
- Chronic Pain
- Post-Traumatic Stress Disorder (PTSD)
- Anxiety Disorders
- Depression
- Cancer
- Seizure Disorders
- Multiple Sclerosis
- Insomnia
Any medical condition may qualify if the healthcare practitioner believes medical cannabis could help alleviate symptoms.
Caregivers in Virginia: A Narrower Role
Virginia’s caregiver system is more limited than programs in many other states.
Traditional caregivers are generally restricted to parents or legal guardians of minor patients and vulnerable adults.
Virginia also permits the use of registered agents, who may purchase medical cannabis on behalf of a patient.
However, individuals who have been convicted of certain felonies within the previous seven years may be ineligible to serve as registered agents.
Strong Employment Protections for Certified Patients
Virginia provides significant employment protections for certified medical cannabis patients.
Under House Bill 1862, effective July 1, 2021, employers generally may not discriminate against employees or job applicants solely because they possess a valid medical cannabis certification.
These protections apply to both public and private employers and can be especially important for individuals with criminal records seeking employment opportunities.
Employers may still take action if an employee is impaired while working or violates workplace policies regarding impairment.
Virginia’s Cannabis Felony Sentence Reform: 2025 Update
Virginia enacted cannabis-related sentencing reforms in 2025 that may benefit certain individuals convicted of marijuana-related offenses.
Under legislation passed by the Virginia General Assembly, individuals convicted of certain cannabis offenses before July 1, 2021, who remain incarcerated or under community supervision on July 1, 2025, may qualify for sentence review hearings.
Eligible individuals may have the opportunity to seek sentence modifications. Consulting a Virginia attorney is strongly recommended to determine eligibility.
Virginia has also implemented marijuana-related expungement reforms since 2020.
Legal Considerations for Felons
Federal Law
Despite Virginia’s medical cannabis program, marijuana remains classified as a Schedule I controlled substance under federal law.
- Federal Probation or Parole: Cannabis use may violate federal supervision requirements.
- Federal Housing: HUD and federally subsidized housing programs may prohibit cannabis possession or use.
- Federal Employment: Federal agencies and contractors may continue enforcing drug-free workplace policies.
State Probation
Many Virginia probation agreements require individuals to remain drug-free.
A medical cannabis certification does not automatically override probation conditions. Individuals on probation should consult their attorney or probation officer before using medical cannabis.
Firearms
Federal law generally prohibits marijuana users from purchasing or possessing firearms, regardless of whether cannabis is used for medical purposes.
How to Get a Medical Marijuana Certification in Virginia
Step 1: Consult a CCA-Registered Practitioner
Schedule an appointment with a Virginia physician, physician assistant, or advanced practice registered nurse registered with the Virginia Cannabis Control Authority.
Many providers offer telehealth certification appointments.
Step 2: Receive Your Written Certification
If approved, the practitioner will issue a written certification authorizing medical cannabis use.
A written certification alone is sufficient for purchasing medical cannabis from licensed Virginia dispensaries.
Step 3: Register With the CCA (Optional)
Patients who want a registry identification card may submit an application through the CCA patient portal and pay the applicable fee.
Step 4: Visit a Licensed Dispensary
Bring your written certification and a valid photo ID to a licensed pharmaceutical processor or dispensary in Virginia.
Patients may purchase up to four ounces of botanical cannabis every 30 days, along with other approved cannabis products.
Telehealth certification appointments typically cost between $99 and $199.
Bottom Line
Virginia does not prohibit felons from participating in its medical cannabis program. No criminal background checks are required for patients, and there is no official list of qualifying conditions.
A written certification from a registered healthcare provider is generally all that is required to purchase medical cannabis, and obtaining a registry card remains optional.
Individuals with felony convictions should still be aware of restrictions related to probation, federal law, firearm ownership, and eligibility to serve as registered agents.
Frequently Asked Questions (FAQs)
Does Virginia check criminal records when you apply for a medical marijuana card?
No. Virginia does not perform criminal background checks on medical cannabis patients. A felony conviction does not affect patient eligibility.
Do I need a medical card to buy cannabis at a Virginia dispensary?
No. A written certification from a registered healthcare practitioner is sufficient. A Virginia medical cannabis card is optional.
Can I be fired for being a medical cannabis patient in Virginia?
Generally, no. House Bill 1862 prohibits many employers from discriminating against certified medical cannabis patients. However, employers may still discipline employees for workplace impairment.
Can I use my Virginia medical certification while on probation?
Possibly not. Many probation agreements include drug-free requirements. Consult your attorney or probation officer before using medical cannabis while on probation or parole.
Can felons still serving time for a cannabis conviction in Virginia get relief?
Potentially. Certain individuals convicted of cannabis-related offenses before July 1, 2021, may qualify for sentence review hearings under Virginia’s 2025 sentencing reform legislation.
What conditions qualify for medical marijuana in Virginia?
Virginia does not maintain a specific qualifying condition list. Any condition may qualify if a CCA-registered healthcare practitioner determines that medical cannabis could provide therapeutic benefits.