Can a Felon Get a Medical Card in Illinois?

First things first – if you were convicted of a felony before and reside in Illinois, you are about to find out some really great news: Illinois has made its medical cannabis program completely accessible to people with felony backgrounds by removing the mandatory criminal background check requirement in 2018, and the change became permanent ever since.

Before that date, Illinois was one of the most rigid states regarding medical marijuana use. Applicants were expected to provide their fingerprints, undergo a criminal background check, and prove themselves free from any excluded offenses, including drug-related felonies. In the 2017 fiscal year alone, the Illinois Department of Public Health rejected 635 applications of qualified candidates for medical cannabis – sometimes only because of failed background screening.

On August 28th of 2018, Governor Bruce Rauner signed a Senate Bill number 336 (Alternatives to Opioids Act of 2018), which got rid of all fingerprint and background check requirements of medical cannabis applicants, thus making the program more accessible to people with a past felony record.

Here we will explain how things changed, what the requirements are today, who is still restricted, and how to obtain your Illinois medical cannabis card.

How Illinois' Medical Cannabis Program Works

The medical cannabis program in Illinois is regulated according to the provisions laid down in the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/). The program works in parallel to the recreational cannabis industry in Illinois that came into operation in January 2020, according to the Cannabis Regulation and Tax Act (410 ILCS 705/).

Key program facts for 2025:

• State Department of Public Health, which administers the program
• Medical marijuana patients can legally carry up to 2.5 ounces of usable cannabis every two weeks
• Higher limits can be granted using a doctor's waiver and IDPH approval
• ID cards are available for issuance in one-year, two-year, and three-year increments
• Patients will apply using the IDPH Online Medical Cannabis Patient Registry Program only
• Certifications via telehealth are allowed for qualifying individuals
• The State of Illinois also runs an Opioid Alternative Pilot Program (OAPP) for those who are currently or potentially prescribed opioids without having a qualifying condition
• The state allows adults aged 21 and older to use recreational marijuana legally; however, medical cardholders enjoy tax exemptions and greater limits of possession, along with other benefits

Can a Felon Get a Medical Marijuana Card in Illinois?

Yes - absolutely and without qualification for patients.

Previously, all applicants had to undergo fingerprint background screening, and patients who had felony or disqualifying crimes were barred from having a medical card in Illinois. However, according to the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, the above criteria were scrapped in 2018.

Since August 28, 2018, all patients have been exempted from the requirement of submitting their fingerprints for approval of the application, which implies no more background checks in the process of approval.

What it means is that, despite what your past might be - if you have been involved in committing a crime like a violent felony, drug felony, or some other crime before - you are still eligible to apply for an Illinois Medical cannabis card for patients, as long as you meet all the standard medical and residency eligibility requirements.

All individuals whose applications for Medical Cannabis Registry Cards were previously declined, prior to August 28, 2018, due to an excluded offense, may resubmit a complete new application for the card to IDPH.

The History Behind the Change: Why Illinois Removed Background Checks

This background information will go some way towards explaining the reason why Illinois is currently considered one of the most friendly states in terms of accessing the services of medical cannabis patients.

The launch of Illinois's first medical cannabis program through the Compassionate Use of Medical Cannabis Pilot Program Act back in January 2014 was characterized by some of the tightest restrictions, which included mandatory fingerprinting of all patient applications to run a background check. Any patient applying with a record of violent crimes and felony drugs under the Illinois Controlled Substances Act, Cannabis Control Act, or Methamphetamine Control and Community Protection Act was ineligible to participate.

Also, the Alternative to Opioids Act removed the restrictions that were imposed by the Compassionate Use of Medical Cannabis Pilot Program Act. This was the name of the first medical marijuana bill that came into effect in January 2014. It stated that providers needed to fingerprint and conduct a criminal background check on every applicant. According to the IDPH, 635 qualifying patients were rejected in fiscal year 2017 because of failed background checks.

The new act was formulated specifically with the intent of decreasing opioid deaths and providing more opportunities for using medical cannabis as an alternative therapy. By eliminating the background check restriction, the lawmakers showed that denying medication to patients due to a criminal background is not effective and goes against public interests.

Who Is Still Ineligible for a Medical Card in Illinois?

Though felony convictions will no longer prevent access to cards, Illinois does have an official set of disqualifying occupations - those which prohibit anyone from having a medical cannabis card due to their current occupation rather than their criminal past:

You will not be allowed to get a medical cannabis card if you:

• Have a school bus permit
• Possess a CDL (Commercial Driver's License)
• Are currently serving as a law enforcement officer
• Are you currently serving as a correctional officer or correctional probation officer
• Are currently working as a firefighter

All of these disqualifications are purely occupational; they are based on your occupation alone and not your criminal record. The reason behind them is that the job involves federal safety concerns that are incompatible with the use of legal cannabis.

If you were employed in any of these positions in the past but aren't anymore, then the disqualification will no longer apply to you. However, if you secure one of these positions later while holding your medical cannabis card, you must surrender the card.

Caregiver Rules in Illinois

In the state of Illinois, patients may choose someone who can help them with the process of acquiring and using medical marijuana under the condition that they qualify as eligible patients.

The following requirements apply to caregivers in Illinois:

• Being at least 21 years old
• Living in Illinois
• Completing a background check - the requirement of doing the background check applies to caregivers, but not patients
• Registering with IDPH
• Aiding only one patient at a time, unless the patient is a child or a disabled adult
• Not smoking the cannabis obtained for the patient, unless they are a patient as well

The caregivers need to be chosen by the patients and registered with the IDPH to legally facilitate the process of cannabis procurement and administration. The caregiver should be above 21 years old, an Illinois resident, and pass a background check that proves he does not have any disqualifying criminal convictions.

This implies that while felons are free to register as patients, acting as a designated caregiver still requires the person to undergo a background check. People who have disqualifying criminal convictions cannot act as caregivers, despite being able to hold a patient card.

Where the minor is below 18 years old, a parent or the legal guardian is the one supposed to act as the caregiver.

Working at an Illinois Cannabis Dispensary With a Felony

Here's when things get tricky. There is a difference between how the state approaches employment within the cannabis industry and how it approaches patients.

All employees in the Illinois cannabis industry, from dispensaries to cultivation centers to infused products facilities, require an Agent Identification Card issued by either the IDFPR in the case of dispensaries or the Illinois Department of Agriculture in the case of cultivation facilities.

Employees from dispensaries need to fill out the Fingerprint Consent Form, while those from cultivation facilities need the form on their application forms. All the answers you give about any criminal history on the Attestation Form should match those of your fingerprint criminal history report.

The distinction that needs to be made here is between those who work for medical-use dispensaries and those who work for adult-use dispensaries:

Felony convictions related to a controlled substance – Even if you have such a conviction in your criminal record, you can still qualify for an adult use agent badge. It should be noted that some adult-use dispensaries have adopted the more stringent standard of medical use. Violent offenders are ineligible for agent identification cards at medical-use dispensaries.

In practical terms:

• Adult-use dispensary employment: A drug felony does not prevent you from getting an agent's badge. Your application will not be denied based on drug felonies.
• Medical-use dispensary employment: An individual who commits violence cannot get the agent identification badge at any time because the person has committed violent crimes.
• Some dispensaries operating in both medical and adult-use dispensary businesses can apply the more stringent standard when applying for agents.

Illinois specifically recognizes that those with prior cannabis convictions should not be excluded from participating in this industry.

Illinois's Opioid Alternative Pilot Program (OAPP)

A unique aspect of the medical cannabis program in Illinois is the Opioid Alternative Pilot Program. It was implemented in 2019 when Illinois legalized the use of cannabis by adults. The program grants individuals the right to use medical cannabis if they have or could receive a prescription for opioids without having to fall under any other medical condition that qualifies them.

To be eligible for the OAPP, you have to:

• Be a resident of Illinois who is above 21 years
• Receive a certification from a physician that you either have or will receive a prescription for opioids for your medical condition.

Qualifying Medical Conditions in Illinois

It can be said that Illinois has one of the widest ranges of qualifying conditions in the nation. In 2025, there are over 50 qualifying conditions for the use of medical marijuana in Illinois. The IDPH will entertain petitions twice each year – during the month of January 1st through January 31st, and also during July 1st through July 31st.

Some of the recent additions to Illinois' qualifying conditions are ovarian cysts, female orgasmic disorder, Ehlers-Danlos Syndrome, and Neuro-Behcet's Autoimmune Disease.

The major qualifying conditions include ALS, Alzheimer's disease, autism, cancer, chronic pain, Crohn's disease, epilepsy, glaucoma, HIV/AIDS, inflammatory bowel disease, lupus, migraines, multiple sclerosis, muscular dystrophy, osteoarthritis, Parkinson's disease, PTSD, rheumatoid arthritis, sickle cell anemia, spinal cord disease or injury, Tourette's syndrome, and ulcerative colitis, among others.

Also, a special card is available from the state for a period of 6 months for applicants who suffer from any terminal illness with a maximum of 6 months' life expectancy.

Moreover, a physician certification that a particular patient suffers from a permanent debilitating condition exempts such a person from needing to re-certification at the expiration of the medical card.

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

Step 1: Get Certified by a Licensed Illinois Healthcare Provider

Make an appointment with an Illinois licensed physician, APRN, or PA, registered with the IDPH Medical Cannabis Patient Program. Your medical practitioner should have a legitimate provider-patient relationship with you and must conduct the assessment with you in person, as well as carry out a physical examination on you. You will then become responsible for the ongoing care of that condition for which you qualify.

Step 2: Receive Your Certification Number

When your medical practitioner completes the certification form and uploads it to the system, a certification number that begins with "PC" will automatically be created in the system, tied to your name, date of birth, and Social Security number.

Step 3: Gather Your Documents

You will need:

• A newly taken, 2x2-inch, passport-style photograph (background is solid color)
• Valid ID/driver's license from Illinois State
• Proof that you are a resident of Illinois (e.g., if the address on your ID does not match your current address).

Step 4: Apply Online Through the IDPH Portal

The Illinois state program does not accept paper applications. Instead, one should log on to the IDPH Medical Cannabis Patient Registry Program portal and fill out all mandatory sections while agreeing to the terms stated. You will notice that your certification number will be automatically filled out based on the provider's form.

Step 5: Pay the Application Fee

Illinois offers tiered card duration and fee options:

Lower application fees may apply to recipients of the SSDI or SSI and eligible veterans. To find out more information about reduced fee applications, please contact the IDPH.

Step 6: Download Your Temporary Card

After the approval of your application, you will have access to a temporary card from the IDPH website, which you can print out for use until you receive your Medical Marijuana Identification Card.

Step 7: Purchase at a Licensed Dispensary

In possession of the card, you will be able to purchase up to 2.5 ounces of usable marijuana from any dispensary every 14 days. Unlike other states, Illinois provides medical marijuana users with the freedom of choosing any dispensary they wish to purchase from; they don't have to be bound to one specific location.

Key Benefits of a Medical Card Over Recreational Use in Illinois

Since medical cannabis is also legal in Illinois, one may ask why there is a need for a medical card. Some benefits include the following:

• Taxes – medical cannabis is subject to less tax compared to recreational cannabis, which can have taxes ranging between 17%-25% depending on its THC concentration.
• Higher limits – a medical patient is allowed to possess 2.5 ounces of medical cannabis per 14 days as opposed to recreational use of 30 grams (roughly 1 ounce).
• Increased limits through physician approval – through your doctor, you are entitled to request an increase in the possession limits.
• Access by minors – recreational use is limited to persons who are over the age of 21 years old, but minors can also qualify for a medical cannabis license with a caregiver.
• Job safety – medical cannabis users are legally protected from job discrimination.

Important Restrictions to Know

• Firearms: Federal laws prohibit the use of firearms by individuals who use controlled substances, which include cannabis. Individuals in Illinois who have medical cannabis cards should take note that their possession and use of firearms will be prohibited.
• CDLs and school bus permits: Individuals who have CDLs or school bus permits are not eligible for the medical cannabis cards in Illinois.
• Active duty public safety personnel: Active duty law enforcement, correctional officers, correctional probation officers, and firefighters are also not allowed to obtain a medical cannabis card during their active public service employment period.
• Supervised by federal supervision: Although medical cannabis is legal in Illinois, it is a Schedule I controlled substance federally. Individuals with federal supervision, like probation or supervised release, must consult their attorneys before applying.
• Consumption prohibitions: Medical cannabis products should never be used in work areas, public areas, public transport, or vehicles when traveling or when being driven.

Illinois ' Cannabis Equity and Expungement Policies

A lot has been done in the state of Illinois concerning the disproportionate effect of cannabis law enforcement on people of color. The act contains a robust social equity program, and Illinois has instituted the automatic expungement of qualified cannabis offenses.

Under Illinois law, most employers may not ask about or take into account an applicant's expunged or sealed criminal records during employment procedures. Similarly, they may not ask about an arrest that resulted in no conviction and juveniles' records.

For cases involving expunged past cannabis-related criminal history, such records will not show up in employment background investigations, including cannabis industry positions. Seek assistance from the Illinois State Police and/or from a lawyer licensed in Illinois.

Key Takeaways

• Felonies can easily obtain their medical marijuana card because Illinois has done away with all fingerprinting and background check requirements for patients as of August 2018.
• If your application was denied before August 28, 2018, due to having committed a crime, then you are now free to apply.
• Professional restrictions exist - CDL drivers, those with school bus permits, law enforcement, correctional officers, and firefighters cannot have their medical cards while working in these professions.
• Designated caregivers still require a background check - the requirement that patients no longer undergo a background check does not apply to designated caregivers.
• Different regulations exist for dispensary employment - having committed a drug felony will not prohibit you from working at recreational dispensaries; violent crimes may prohibit you from working at a medical-use dispensary.
• Access to the Opioid Alternative Pilot Program is granted to any patient without a typical qualifying condition but who has received or can receive an opioid prescription.
• Fees are anywhere from $50 to $125, although patients on SSDI/SSI or veterans pay less.
• Medical use offers tax savings and higher possession limits compared to recreational use, making it better despite being legal for recreational use as well.

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