What States Deny Food Stamps to Persons With Drug Convictions and Which Do Not?

The federal welfare law imposes a lifetime ban on anyone convicted of a drug-related felony from receiving federally funded food stamps and cash assistance (Temporary Assistance to Needy Families, or TANF). This law prohibits receipt of benefits – for the rest of their lives – even by those individuals who have completed their sentence, overcome an addiction, been gainfully employed but were subsequently laid off, or earned a certificate of rehabilitation or other form of clemency.
The following is a compilation of the laws in the 21 states that have modified– but not entirely eliminated – the federal ban on food stamps and TANF.

(1) States Which Condition Eligibility on the Individual’s Enrollment or Successful Completion of a Drug-Related Treatment Program, Sentence or Probation

States which condition eligibility for cash assistance and food stamps on the previously convicted individual’s enrollment in or successful completion of a drug and alcohol treatment program include Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kentucky, Maryland, New Jersey, Nevada, North Carolina, South Carolina, Tennessee and Washington.

Colorado: Individuals are eligible for assistance under the Colorado Works Program if the individual takes steps toward rehabilitation, e.g., drug treatment.

Connecticut: Individuals are eligible if they completed the sentence, are on probation, or are in the process of completing or have completed court-mandated substance abuse treatment.

Delaware: Individuals are eligible to receive food stamps if they are participating in or completing treatment. The state regulations do not mention whether or not such individuals also qualify for public assistance.

Hawaii: Individuals are eligible for benefits if they comply with treatment or have not refused or failed to comply with treatment.

Illinois: All persons convicted of felonies are eligible for food stamps. Persons convicted of certain felonies, including trafficking and certain possession offenses, are ineligible for cash assistance. Persons convicted of all other felonies are eligible for cash assistance two years from the date of conviction, unless they are in a drug treatment program, aftercare program or similar program.

Iowa: Individuals are eligible for food stamps if they participate in drug treatment or otherwise verify he or she does not use, illegally possess, or distribute a controlled substance.

Kentucky: Individuals are eligible if they have been assessed as chemically dependent and are participating in or completed drug treatment or are pregnant.

Maryland: Before individuals convicted of drug-related felony offenses are eligible for public assistance, they must submit to drug testing and treatment for two years from release from incarceration or completion of probation or parole, whichever is later. A positive test result or failure to comply with required testing or treatment could result in sanctions. If convicted after July 1, 2000, an individual will be ineligible for cash assistance and food stamps until one year after the date of conviction.

New Jersey: Individuals convicted of drug-related offenses will be eligible for benefits if the conviction involved possession or use of drugs, and not sale, and if they are enrolled in or have successfully completed treatment. Individuals enrolled in treatment will have to submit to drug testing. Except for individuals participating in methadone maintenance programs, if the individual fails the drug test, the state will terminate all benefits.

Nevada: Individuals with felony drug possession, use or distribution convictions may be eligible for benefits if (1) they participate in or have successfully completed treatment and demonstrate to welfare authorities’ satisfaction that they have not possessed, used or distributed drugs since beginning the treatment program, or (2) are pregnant and a physician certifies that the mother’s and unborn child’s health and safety are dependent on the receipt of benefits. Individuals convicted of drug sales are ineligible for benefits.

North Carolina: Individuals convicted of drug-related felony offenses may be eligible for benefits six months after release (or six months after date of conviction if not incarcerated) if the individuals do not have any subsequent felony offenses and are enrolled in or have successfully completed required substance abuse treatment.

South Carolina: Individuals with drug-related convictions may be eligible for cash assistance and food stamps if they submit to random drug tests and/or participate in an alcohol or drug treatment program.

Tennessee: Individuals convicted of drug-felony offenses are eligible for food stamps and public assistance if they participate in or complete substance abuse treatment.

Washington: Individuals convicted of drug-felony offenses are eligible for food stamps and public assistance if they have been assessed as chemically dependent and are participating in or have completed an approved program consisting of chemical dependence and vocational training and if they have not been convicted of a felony involving drug use or possession in the three years prior to the most current conviction.

(2) States Which Limit Eligibility to Individuals Convicted of Drug Possession and Not Drug Sales

States which exclude from food stamp and public assistance eligibility individuals convicted of drug sale or trafficking include Arkansas, Florida, Illinois, and Rhode Island. Arkansas, Florida and Rhode Island statutes make such individuals ineligible for both cash assistance and food stamps. The Illinois statute limits ineligibility to cash assistance.

• Arkansas: Individuals found guilty, or who have pleaded guilty or nolo contendere to, felony-drug offenses with an element of distribution or manufacture, are ineligible for benefits.

• Florida: Individuals convicted of drug trafficking are denied benefits.

• Illinois: All persons convicted of felonies are eligible for food stamps. Persons convicted of certain felonies, including trafficking and certain possession offenses, are ineligible for cash assistance. Persons convicted of all other felonies are eligible for cash assistance two years from the date of conviction, unless they are in a drug treatment program, aftercare program or similar program.

• Rhode Island: Individuals convicted of drug-related felony offenses involving distribution and sale are ineligible for benefits.

(3) States Which Have Modified the Federal Ban in Other Ways

The remaining states have modified the ban in other ways, by providing benefits to those who submit to drug tests, wait a certain period of time, or meet other conditions.

Louisiana: Individuals are ineligible to receive benefits for 1 year from the date of the conviction (if the individual was not incarcerated) or from the date of release from incarceration.

Massachusetts: Individuals who were incarcerated for drug felonies are not eligible for TANF for a year following release, unless they receive an exemption or domestic violence waiver to shorten the time period. Exemptions are available to the disabled, those who must care for a disabled person, women in their third trimester of pregnancy, women who have children under the age of two, caretakers of children to whom they have no legal obligation (provided, however, only the child receives cash assistance), or full time students under the age of 21. Massachusetts does not have a ban on food stamps.

Minnesota: Individuals convicted of a drug felony after July 1997 must agree to random drug testing and will be sanctioned for a positive test result. For individuals receiving or requesting only food stamps, a recipient’s food stamps will be reduced 30% for failing a drug test the first time. If the individual fails a drug test for the second time, he or she will be denied food stamps permanently.

Wisconsin: To be eligible for public assistance, individuals must submit to drug testing if convicted of a drug-related felony within five years of application. If the individual fails the drug test, the state will reduce the benefit by up to 15% for at least a year, or for the remainder of the participation period, whichever ends earlier. If the individual submits to another test within a year and the results are negative, the state will discontinue the reduction. With regards to eligibility for food stamps, if the test results are positive, the state will not consider the individual’s needs in determining the household’s eligibility. However, if the individual submits to another test within a year and the results are positive, the state will reconsider the individual’s needs.

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