Can Felons Get Food Stamps? Rules, Exceptions & State Policies Explained

According to the U.S. Department of Agriculture (USDA), which oversees the Supplemental Nutrition Assistance Program (SNAP), nearly 42 million people received food stamps in 2024. That’s a big number—and it includes people from all walks of life. But here’s the kicker: not everyone qualifies. Especially if you’ve got a felony on your record.

What Are Food Stamps (SNAP Benefits)?

Before we get into felons and eligibility, let’s quickly clarify what we mean by “food stamps.”

• SNAP stands for Supplemental Nutrition Assistance Program
• It’s a federally funded, state-administered program
• SNAP provides monthly funds to low-income individuals and families for buying groceries
• Funds are delivered via an EBT (Electronic Benefit Transfer) card
• The average monthly SNAP benefit per person was $184 in 2024, according to the USDA

SNAP doesn’t give you cash—just grocery support for essential food items. Alcohol, hot foods, and non-food items like soap or toothpaste aren’t covered.

Can Felons Get Food Stamps in 2025?

Yes, in most cases, felons can get food stamps. But there are exceptions, and your eligibility may depend on your conviction type and your state’s laws.

Federal Law on Felons and SNAP

At the federal level, the law is clear—but strict in certain areas.

Federal Ban for Drug Felonies

The 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) created a lifetime ban on food stamps for anyone convicted of a drug-related felony.

BUT—and here’s where it gets interesting—states can opt out of that ban. And many have.

As of 2025:

• 43 states have completely opted out of the federal ban
• 6 states have partially opted out, meaning they have specific restrictions
• 2 states still enforce the full ban

🟢 Example: In California, all felons—including those with drug convictions—are eligible for SNAP as long as they meet income and other eligibility rules.
🔴 Example: In South Carolina, some drug-related felonies may still disqualify you unless you complete a drug treatment program.

State-by-State SNAP Eligibility for Felons (2025)

Here’s a quick breakdown of how different states handle SNAP eligibility for felons:

Visit your state’s Department of Human Services (DHS) website or call them directly for the latest updates.

More Opportunities: How to Get a Felony Expunged?

Which Felony Charges Affect SNAP Eligibility?

Here’s a breakdown of which felony charges may impact your food stamp application:

✅ Felony Convictions That Usually Don’t Disqualify:

• Theft (non-drug related)
• Assault or battery (non-drug related)
• White-collar crimes (e.g., fraud)
• Burglary
• DUI (non-drug-related)

❌ Felony Convictions That May Disqualify:

• Drug trafficking or possession (especially repeat offenses)
• Fraud involving government assistance
• Sexual offenses (in some states)
• Murder or attempted murder (in rare cases)

How to Apply for Food Stamps if You’re a Felon?

Even with a felony, you can apply just like anyone else. Here’s how:

Step-by-Step SNAP Application Process:

1. Find Your Local SNAP Office
   Search “SNAP + [your state]” or visit Benefits.gov
2. Complete an Application
   • Online, in person, or by mail
   • Provide ID, address, income, household size, and expenses
3. Attend an Interview
   Usually by phone or in person. They may ask about your criminal history.
4. Wait for a Decision
   You’ll typically hear back in 30 days. Emergency cases may qualify for faster approval.
5. Get Your EBT Card
   Use it like a debit card at any SNAP-approved grocery store.

Need help? Call the SNAP State Directory: USDA SNAP Directory

Common Reasons Felons Get Denied Food Stamps

Felons are often denied food stamps for reasons unrelated to their convictions. Watch out for these:

• Not reporting all income
• Unpaid child support obligations
• Incomplete documentation
• Refusal to comply with work requirements
• Current incarceration

If you’re in jail, you’re ineligible. But you can reapply immediately upon release.

Exceptions, Waivers & Appeals

Waivers

Some states offer waivers for drug felons who:

• Complete a rehab or treatment program
• Undergo drug testing
• Stay compliant with parole/probation terms

Appeal Process

If your application is denied, you have the right to appeal.

• File a written appeal within 90 days (varies by state)
• Attend a hearing (phone or in-person)
• Present your case clearly with any supporting documents

Felons and Household Eligibility

Even if you personally aren’t eligible, other household members can still receive benefits.

Let’s say you live with your partner and two kids:

• You’re excluded due to a drug felony in a non-opt-out state
• Your partner and children can still get food stamps
• Your income will still count toward the household budget

What Advocates Are Saying?

Organizations like the Sentencing Project and Feeding America argue that denying food stamps to felons:

• Increases recidivism
• Makes re-entry harder
• Hurts families and children

A 2023 study by the Urban Institute found that felons who received food assistance were 18% less likely to re-offend than those who didn’t.

“Food insecurity shouldn’t be part of a prison sentence.” – ACLU Legal Counsel, 2024.

Real-Life Example

James, 39, from Ohio served 7 years for a drug conviction. When he got out, he couldn’t find a job right away.

“I was sleeping in my cousin’s garage, eating once a day. I didn’t even think I’d qualify for food stamps, but I applied. Got approved in 10 days. That EBT card saved me until I found a job.”

Final Thought

Yes, most felons can receive SNAP benefits, especially if their state has opted out of the federal drug-felony ban. The eligibility depends on the type of felony, state policies, and compliance with parole or probation.

Food assistance can be a lifeline for people trying to rebuild after incarceration. If you or a loved one has a felony on record, don’t assume you’re ineligible—check your state’s rules, gather your documents, and apply.

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