Food Stamps

1105.015.10.35 Disqualified for Felony Drug Conviction

IM-#52 June 12, 2015IM-#18 March 18, 2015IM-#7 January 15, 2015IM-#77 December 31, 2014IM-#53 October 3, 2014IM-#21 February 21, 2006,  IM-#140 December 30, 2004IM-#97 July 27, 1999

Drug related offenses committed or convictions on or before August 22, 1996 do not affect eligibility for assistance. Individuals convicted of a drug-related felony committed after August 22, 1996, related to illegal possession or use of a controlled substance are disqualified from receiving Food Stamp benefits, unless the individuals meet an exception to the disqualification (see EXCEPTIONS to FELONY DRUG CONVICTION DISQUALIFICATION below.)

NOTE: The exception is only allowed for drug convictions related to the illegal possession and use of a controlled substance.  Convictions such as manufacturing or distribution are not eligible for the exception.

NOTE: A suspended imposition of sentence (SIS) is not a conviction. A suspended execution of sentence (SES) is a conviction.

NOTE: This disqualification differs from the purchasing a controlled substance (PCS) discussed in 1105.015.10.15. This disqualification is a conviction in a court of law related to illegal possession, use, or distribution of a controlled substance. The purchasing a controlled substance disqualification is based on purchasing a controlled substance with Food Stamp benefits.

A question asking the applicant if any EU member has been convicted of a felony drug offense after August 22, 1996 is in the controlled flow. If the applicant answers yes for any EU member, enter the appropriate information on the Declaration Detail (FMMN) screen. If the EU member is not eligible for an exception, enter the disqualification on the Sanction/Disqualification (FMAM) screen using type DUC. Refer to the Entering a Sanction or Disqualification user guide for instructions.

The begin date for the disqualification is the first month the individual can be removed or disqualified following adverse action procedures (if an active case) or the first month of certification (for applications) or when the individual no longer meets an exception. If the individual should have been disqualified prior to this time and received Food Stamp benefits, enter a claim following current claim policy. If the individual meets an exception the begin date is the month and year of the date of conviction being entered.

If the conviction becomes known at times other than during the controlled flow, do not enter any information on the Declaration Detail (FMMN) screen. Enter the disqualification on the Sanction/Disqualification (FMAM) screen using type DUC. Refer to the Entering a Sanction or Disqualification user guide for instructions.