Can you get food stamps (SNAP) with a felony?

The rules

• Federal law bars a person convicted of a felony that has as an element the possession, use or distribution of a controlled substance from getting SNAP, unless their state has opted out or limited the ban.^1,2

  21 U.S.C. 862a(a)(2) and 7 CFR 273.11(m). It applies only to felony convictions (as classified by the jurisdiction) for conduct after August 22, 1996 (862a(d)(2)). Drug misdemeanors and non-drug felonies don't trigger it. A state may exempt any or all people domiciled there by a law that specifically refers to the ban, or may limit how long it applies (862a(d)(1)); if a state law shortens the period, the disqualification lasts only that long (273.11(m)). The same section also bars TANF cash assistance, which states opt out of separately. States that have not opted out must ask applicants in writing whether anyone in the household has such a conviction (862a(c)).

• Most states have opted out of or modified the drug felony ban: USDA counts 28 state agencies with no disqualification, 24 with a modified disqualification and 1 (South Carolina) with the full lifetime disqualification, as of October 2024.^3,4

  SNAP State Options Report, 17th edition (published August 2025, data reference period October 2024), which covers 53 SNAP state agencies (the 50 states, the District of Columbia, Guam and the U.S. Virgin Islands). No disqualification: Arkansas, Delaware, District of Columbia, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Nevada, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Virgin Islands, Virginia, Washington, Wyoming. Modified disqualification: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Guam, Hawaii, Idaho, Indiana, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, North Carolina, Tennessee, Texas, West Virginia, Wisconsin. Lifetime disqualification: South Carolina. USDA's examples of modified bans: applying the ban only to certain convictions (such as drug sales), or requiring the person to comply with parole, pass drug tests or take part in drug treatment. The report doesn't spell out each state's conditions, so check your state's SNAP agency.

• You can't get SNAP while you are fleeing to avoid prosecution or custody for a felony, or while you are violating a condition of probation or parole and law enforcement is actively seeking you.^2,5

  7 U.S.C. 2015(k); 7 CFR 273.11(n). Being on probation or parole is not disqualifying by itself. To treat someone as a fleeing felon, the state must verify an outstanding felony warrant, that the person knew or should have expected it, that they acted to avoid arrest, and that law enforcement is actively seeking them; or law enforcement must present a felony warrant coded for escape or flight. A probation or parole violator must be found by an impartial party designated by the state to have violated a condition, with law enforcement actively seeking the person. If law enforcement doesn't say it intends to act within 30 days of the state's request, the state must not treat the person as a fleeing felon or violator (273.11(n)(4)). The state keeps processing the application while it checks.

• People convicted of murder, aggravated sexual abuse, sexual exploitation of children or sexual assault are ineligible only while they are not complying with their sentence or are fleeing or violating probation or parole.^2,5

  7 U.S.C. 2015(r) and 7 CFR 273.11(s), added by the 2014 Farm Bill: federal murder (18 U.S.C. 1111), aggravated sexual abuse (18 U.S.C. 2241), offenses under 18 U.S.C. chapter 110 (sexual exploitation and other abuse of children), federal or state sexual assault offenses as defined in the Violence Against Women Act, or substantially similar state offenses. The regulation applies it to convictions as an adult and not to conduct on or before February 7, 2014. A person who is complying with the terms of the sentence is not barred by this rule. States must ask applicants to attest whether anyone in the household has such a conviction.

• A disqualification applies only to the person; the rest of the household can still get SNAP, though the disqualified person's income and resources still count.^1,2

  21 U.S.C. 862a(b)(2) and 7 CFR 273.11(c)(1): for drug felony, fleeing felon and 273.11(s) disqualifications, the disqualified member isn't counted in household size for the benefit level, but their income and resources count toward the household's eligibility.

• Offenses involving SNAP itself carry their own bans: trading SNAP benefits for drugs (2 years, then permanent), for firearms, ammunition or explosives (permanent), trafficking $500 or more (permanent), and lying about identity or residence to get benefits in more than one place (10 years).⁶

  7 CFR 273.16(b). Other intentional program violations bring a 12-month disqualification for the first, 24 months for the second and permanent disqualification for the third; these, and the 10-year penalty for duplicate benefits, apply when a court or an administrative disqualification hearing finds the violation, or when the person signs a waiver of the hearing or a consent agreement. The drug, firearms and $500 trafficking penalties apply when a court makes the finding (273.16(b)(2)-(4)).

What can stand in the way

• You can't get SNAP while you're in jail or prison.^2,7

  Residents of an institution that provides most of their meals are not eligible (7 CFR 273.1(b)(7)(vi)), with listed exceptions such as certain drug and alcohol treatment programs and group living arrangements. People applying for SSI under Social Security's prerelease program can apply for SNAP jointly before release (7 CFR 273.11(i)).

• Work rules limit SNAP for many adults without children, and the 2025 budget law widened them.^5,8

  Under 7 U.S.C. 2015(o) as amended by the One Big Beautiful Bill Act (Pub. L. 119-21, July 4, 2025, section 10102), an adult who is not under 18 or over 65, not medically unfit for work, not pregnant, not otherwise exempt and not responsible for a child under 14 can get only 3 months of SNAP in 36 months unless they work or take part in a work program at least 20 hours a week. These rules apply regardless of a record, but they affect many people leaving prison. The 2025 law's SNAP sections (10101-10108) did not change the drug felony rule, the fleeing-felon and probation or parole rule, or the rule on certain violent and sexual offenses.

• In a state with a modified ban, violating parole or a new drug conviction can cost you SNAP.⁹

  For example, Texas disqualifies a person with a felony drug conviction (September 1, 2015 or later) for 2 years if they violate a condition of parole or community supervision, and permanently if they are convicted of another felony drug offense while receiving SNAP (see the Texas example).

Waivers and exceptions

• If your state has opted out, a drug felony conviction doesn't affect SNAP at all; if it modified the ban, meeting its conditions restores eligibility.^1,3

  21 U.S.C. 862a(d)(1) lets states exempt people or limit the period; 7 CFR 273.11(m) applies the state's shorter period. USDA's State Options Report lists which approach each state takes.

• Fleeing-felon and probation or parole violation disqualifications end once the warrant or violation is resolved, and can't be applied unless law enforcement is actively seeking you.^2,5

  The disqualification lasts 'during any period' the person is fleeing or violating (7 U.S.C. 2015(k)); 7 CFR 273.11(n)(3)-(4) define 'actively seeking' and require the state to drop the issue if law enforcement doesn't act within 30 days.

• For the 2014 violent and sexual offense rule, complying with your sentence keeps you eligible.²

  7 CFR 273.11(s)(2): the bar applies only if the person is not in compliance with the terms of the sentence or the fleeing-felon and probation or parole rules.

How states handle it

The fleeing-felon, probation or parole violator and 2014 violent and sexual offense rules are federal and apply everywhere. The drug felony ban depends entirely on state law: each state legislature decides whether to opt out, limit the ban, or leave the federal lifetime ban in place.

• South Carolina

  USDA lists South Carolina as the only SNAP state agency that keeps the full lifetime drug felony disqualification (data as of October 2024). A 2025-2026 bill to opt South Carolina out of 21 U.S.C. 862a for SNAP and the Family Independence Program (H. 4801) was prefiled on December 16, 2025 and referred to the House Ways and Means Committee on January 13, 2026; the legislature's site lists no later action, so it has not become law.¹⁰

• Texas

  Texas has a modified ban: its SNAP handbook says a person with a felony drug conviction on or after September 1, 2015 (not deferred adjudication) is disqualified for 2 years if they violate a condition of parole or community supervision, and permanently if convicted of another felony drug offense while receiving SNAP. Texas also bars people fleeing a felony or found in violation of probation or parole.⁹

• New York

  USDA lists New York, along with 27 other state agencies such as Illinois, Ohio and Pennsylvania, as having no drug felony disqualification for SNAP.³

What to do next

1. Check whether any conviction is a felony with an element of drug possession, use or distribution, and whether the conduct was after August 22, 1996. If not, the drug felony rule doesn't apply to you.
2. If it is, look up your state in USDA's SNAP State Options Report (no disqualification, modified, or lifetime), then read your state SNAP agency's rules for any conditions such as parole compliance, drug testing or treatment.
3. Resolve any outstanding felony warrant or probation or parole violation, since either one blocks SNAP while it is active.
4. Apply through your state SNAP agency as soon as you are released; you can't get benefits while in jail or prison. Ask whether a prerelease application is available if you are also applying for SSI.
5. Even if you are disqualified, apply for the rest of your household: they can still be eligible.
6. Answer criminal history questions on the application truthfully; states that keep the ban must ask about drug felony convictions in writing.
7. If you are denied, ask the SNAP office for the reason in writing and request a fair hearing if you think the rule was applied wrongly.

Where to ask

• USDA SNAP State Options Report

  Which states have no, modified or lifetime drug felony bans.

• Find your state SNAP agency

  Where to apply and get your state's rules.

• 7 CFR 273.11 (eCFR)

  The drug felony, fleeing-felon and probation or parole, and violent and sexual offense rules.

Felony or misdemeanor?

Some of the rules on this page treat felonies and misdemeanors differently, and each state decides which crimes are which. See how your state grades crimes, or check a specific charge on Is it a felony?.

Could clearing your record help?

In many states a sealed or expunged record no longer shows up on most background checks, though agencies and licensing boards can often still see it. See how record clearing works in your state.