Accessing SNAP and TANF Benefits after a Drug Conviction: A Survey of State Laws
We are pleased to present a new report, “Accessing SNAP and TANF Benefits after a Drug Conviction: A Survey of State Laws.” This report offers a comprehensive and up-to-date picture of the differing ways states have responded to the 1996 federal ban on access to SNAP and TANF benefits for those with a felony drug conviction, either by opting out of the ban or by modifying it, and includes illustrative maps and relevant sections of statutory text to facilitate analysis and comparison. ******* The 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) imposed a lifetime ban on federal food assistance benefits (SNAP) and Temporary Assistance for Needy Families (TANF) for anyone with a drug felony conviction obtained after passage of the Act.1 PRWORA allowed states to opt out of the ban or to modify it, and over the years all but one state has opted out of the ban or modified it for at least one of the two benefit programs. That said, fully half the states remain committed in some fashion to this outdated artifact of the War on Drugs. Over the years there have been numerous reports critical of the policy underpinnings of the categorical ban on public welfare benefits imposed by PRWORA, and researchers have generally concluded that the ban is counterproductive even in modified form, including in criminal justice terms.2 Indeed, a recent empirical study of modified versions of the SNAP/TANF bans concluded that by “introducing greater state scrutiny of recipients’ conformity to state-sanctioned behavioral norms,” modified bans are “not inherently less punitive” than full bans.3 We do not intend to dwell on the policy arguments against the PRWORA ban in this report. Rather, our purpose here is the more modest one of providing a detailed description of state laws that currently modify participation in the SNAP/TANF bans, for use by policymakers and advocates seeking further reforms. Surprisingly, this has not been done in the more than 25 years since PRWORA’s enactment. Two recent private sector studies have identified the extent of state participation in one or both of the PRWORA bans, but their conclusions are not consistent with one another or, in all cases, with our own research.4 Notably, neither of these studies documents the specific features of modified bans, which can vary widely from state to state in scope and effect. Significantly, no previous report on the SNAP/TANF bans has included statutory text that would permit analysis of the ways various states have modified them, and comparisons between and among states. Our report attempts to remedy this shortcoming. We illustrate the national landscape of participation in the SNAP/TANF bans through a set of maps: one map shows the national landscape of participation in the PRWORA ban for all 50 states, and two additional maps show how states have modified the ban for each of the two benefit programs. A 30-page Appendix includes the text and an analysis of each state’s relevant law(s), providing additional detail about how access to benefits may be controlled differently even within the same general category of modification. We hope that advocates in states that have not yet fully opted out of both the PRWORA bans will find this unique collection of research tools helpful as they work to complete this important law reform project. Preparation of “Access to SNAP and TANF Benefits after a Drug Conviction: A Survey of State Laws” was made possible by a generous grant from Arnold Ventures. Citation: Margaret Love & Nick Sibilla, Access to SNAP and TANF Benefits after a Drug Conviction: A Survey of State Laws, Collateral Consequences Res. Ctr. (December 2023) National Landscape As of December 5, 2023, 25 states and the District of Columbia have opted out of both federal bans, so that people with drug felony convictions may receive both SNAP and TANF benefits for which they are otherwise eligible without conditions imposed pursuant to federal law. Another four states – Florida, Iowa, Maryland, and Utah—have opted out of the ban on SNAP but have modified the ban on TANF to impose conditions.5 Fourteen states have modified bans for receiving both SNAP and TANF benefits. An additional six states—Arizona, Georgia, Missouri, Nebraska, Texas, and West Virginia—have modified the ban on SNAP but maintain the complete federal ban on TANF benefits. South Carolina is the only state in the Nation that has declined to opt out of or modify either PRWORA ban. Just in the last four years, eight states have taken steps to move from full or modified bans to a full opt out for both types of benefits. Colorado, Kentucky, Michigan, Nevada, South Dakota, and Virginia have moved from modified bans to full opt out for both, Illinois moved from a modified TANF ban to full opt out for both, and Mississippi and South Dakota moved from full bans to full opt out for both. West Virginia enacted a modified ban for SNAP, and Minnesota eased its treatment conditions. Several state legislatures took steps toward reform in 2023, including Florida, Missouri, North Carolina, and South Carolina. Pennsylvania is the only state during this period that moved the other way, from full opt out back to modified bans for both SNAP and TANF. Pennsylvania currently imposes a regime of conditions on access to both benefits that is among the toughest of all the states. For additional detail on how each state treats access to SNAP and TANF benefits in light of the PRWORA ban, you may click on the national map below to jump to an excerpt of the state’s relevant statutory text in the Appendix, and return to the map via the link at the bottom of the state entry. Opted out for both SNAP and TANF Opted out for SNAP, modified ban for TANF Modified ban for both SNAP and TANF Modified ban for SNAP, complete ban for TANF Complete ban for both SNAP and TANF Modified Bans Although roughly half of the country—24 states—has implemented a modified ban for either SNAP or TANF benefits, or for both, these modified bans vary widely. Broadly, the conditions imposed by modified bans can be grouped into five different categories. The most common condition on benefits is completion of sentence or compliance with terms of court-imposed supervision. Eight states impose this condition without more, and another six states couple it with program participation in the form of drug treatment and/or drug testing, potentially extending supervision long after the sentence has been discharged. For example, Indiana conditions access to SNAP on compliance with probation or parole terms, but for TANF it adds program participation conditions plus a waiting period. Seven additional states require program participation in the form of drug treatment or drug testing for one or both benefits without regard to whether sentence-related supervision has been completed. Five states limit access to benefits to those convicted of less serious offenses (e.g., drug possession or use as opposed to selling) and four states (including Indiana for TANF) require a waiting period before any benefit may be obtained. North Carolina is the only state that limits offense eligibility and requires a waiting period for access to both SNAP and TANF. A handful of states impose unusually arduous conditions on access to benefits, coupling limits on what convictions may be eligible with mandatory program participation, waiting periods, and random drug testing. These include Arizona, Missouri and Nebraska for SNAP, Indiana for TANF, and North Carolina, Pennsylvania, and Tennessee for both SNAP and TANF. (Note that Arizona, Missouri and Nebraska have not opted out of TANF at all.) Pennsylvania and Tennessee join Indiana in imposing stricter conditions on access to TANF than to SNAP, and of course seven states have declined to opt out of the full TANF ban at all. In sum, there is wide variation in the way states have conditioned access to SNAP and TANF benefits with a modified opt-out. A third of the states have chosen to rely on supervision that will end when the person’s sentence is discharged, but the other 2/3 require participation in drug treatment or testing programs that may have little or no connection to a disqualifying conviction in the distant past — a conviction that itself may or may not have been connected with the individual’s own drug use. It is true that in some states the requirement of treatment is qualified in the applicable law by an “as required” proviso, and testing may be limited to a period of time after conviction. But in many other states required program participation is not defined by individual circumstances. In this fashion, the conditions imposed by many states on access to SNAP and TANF benefits extend state supervision over an individual’s behavior long after their sentence has been fully served, frequently without a determination that supervision is warranted, a circumstance that has been aptly described as “not inherently less punitive” than full bans.6 The maps below show the variant pattern of conditions imposed by different states for each type of benefit, and the hover labels provide some detail for those states that impose more than one type of condition on access to the same benefit. Those who are interested in additional detail can find it in the Appendix. States colored pale blue have opted out entirely. Completion of sentence/ compliance with supervision Drug treatment required Drug testing required Other/Multiple conditions on access Complete ban on benefits SNAP Modified Opt-Out TANF Modified Opt-Out Completion of sentence/ compliance with supervision Drug treatment required Drug testing required Other/Multiple conditions on access Complete ban on benefits Footnotes [1] See 21 U.S. Code § 862a; Government Accountability Office, Drug Offenders: Various Factors May Limit the Impacts of Federal Laws That Provide for Denial of Selected Benefits, September 27, 2005, https://www.gao.gov/assets/a247941.html. See also Congressional Research Service, Drug Testing and Crime-Related Restrictions in TANF, SNAP, and Housing Assistance, November 28, 2016, https://crsreports.congress.gov/product/pdf/R/R42394. [2] See, e.g., Tracy Sohoni and Sylwia Piatkowska, Begging for Crime? The Effect of State Laws Restricting Access to Temporary Assistance for Needy Families on Unsuccessful Completion of Parole, Crime & Delinquency, 68(11), 2115-2145 (2022)(finding that “states that imposed restrictions on TANF saw an increase in state rates of unsuccessful parole completion,” as well as “no significant difference between full bans and partial bans of TANF, indicating that even partial bans may undermine efforts to successfully reintegrate former offenders”); Cody Tuttle, Snapping Back: Food Stamp Bans and Criminal Recidivism, American Economic Journal: Economic Policy, 11 (2): 301-27 (2019), https://www.aeaweb.org/articles?id=10.1257/pol.20170490 (finding that Florida’s modified ban on SNAP benefits for people convicted of drug trafficking “increased their likelihood of recidivism”); Crystal S. Yang, Does Public Assistance Reduce Recidivism? American Economic Review 107(5): 551-55, May 2017, https://www.aeaweb.org/articles?id=10.1257/aer.p20171001 (finding that “public assistance eligibility for drug offenders reduces one-year recidivism rates by 10 percent”). [3] See Brittany Martin and Sarah Shannon, State variation in the drug felony lifetime ban on Temporary Assistance for Needy Families: Why the modified ban matters, 22 Punishment & Society 439–460 (2020). [4] See Darrell Thompson, Ashley Burnside, No More Double Punishments: Lifting the Ban on SNAP and TANF for People with Prior Felony Drug Convictions, CLASP, April 2022, https://www.clasp.org/wp-content/uploads/2022/04/2022Apr_No-More-Double-Punishments.pdf; Network for Public Health Law, The Effects of Denying SNAP Benefits to People with a Felony Drug Conviction, Robert Wood Johnson, 2020, https://www.networkforphl.org/wp-content/uploads/2020/04/Issue-Brief-Snap-Felon-Ban-Updated-1.pdf. Chart with statutory citations: https://www.networkforphl.org/wp-content/uploads/2020/04/50-State-Survey-SNAP-Felony-Ban-Updated.pdf [5] In the case of both Florida and Maryland, our reading of the law by which each state opted out of the federal ban appears to differ not just from the two private sector reports bited in note 4, but also from state agencies responsible for administering the benefit scheme in the two states. As noted in the Appendix, these agencies continue to impose conditions on access to SNAP benefits despite what we interpret as a complete opt-out for SNAP (though not for TANF). [6] See Martin and Shannon, note 3 supra. State Law Analysis Alabama SNAP: Modified Ban TANF: Modified Ban Conditions: Completion of sentence/compliance with supervision terms Ala. Code § 38-1-8 Pursuant to subsection (d) of 21 U.S.C. § 862a, a person convicted of a drug related felony who is otherwise ineligible for aid under the Temporary Assistance for Needy Families program, or the federal Supplemental Nutrition Assistance Program, or both shall be eligible for the aid upon completion of his or her sentence or if the person is satisfactorily serving a sentence of a period of probation, including if the person has satisfactorily completed mandatory participation in a drug treatment program, provided the person meets all other requirements for eligibility under the program or programs. Any person eligible for aid pursuant to this provision shall still comply with all other requirements for receiving aid, including those related to drug testing. Back to Map Alaska SNAP: Modified Ban TANF: Modified Ban Conditions: Completion of sentence/compliance with supervision terms OR participation in drug treatment Alaska Stat. § 47.27.015(i) (i) A person convicted after August 22, 1996, of an offense that is classified as a felony under AS 11.71.010 – 11.71.040 or by the law of another jurisdiction that has as an element the possession, use, or distribution of a controlled substance, as defined in AS 11.71.900, is disqualified from receiving temporary assistance under this chapter or food stamps under AS 47.25 unless the person demonstrates, to the satisfaction of the department, that the person (1) is satisfactorily serving, or has successfully completed, a period of probation or parole; (2) is in the process of serving, or has successfully completed, mandatory participation in a drug or alcohol treatment program; (3) has taken action toward rehabilitation, including participation in a drug or alcohol treatment program; or (4) is successfully complying with the requirements of the person’s reentry plan. Back to Map Arizona SNAP: Modified Ban TANF: Complete Ban Conditions (SNAP): Drug testing; Participation in drug treatment OR compliance with supervision conditions In Arizona, those convicted of drug felonies may be eligible for SNAP if they agree to random drug testing and either comply with the terms of their probation or participate in, complete, or be determined not to need drug treatment. But anyone who has been convicted of a drug felony remains subject to a lifetime ban on receiving TANF. SNAP: Ariz. Rev. Stat. Ann. § 46-219 A. Notwithstanding section 13-3418 and if the person agrees to random drug testing, a person who is convicted after August 22, 1996 of a felony offense that has as an element of the offense the use or possession of a controlled substance as defined in 21 United States Code section 802(6) may be eligible for the supplemental nutrition assistance program if the person meets at least one of the following criterion [sic]: Successfully completes a substance abuse treatment program. Is currently accepted for treatment in a substance abuse treatment program but is subject to a waiting list to receive available treatment, and the person remains enrolled in the treatment program and enters the treatment program at the first available opportunity. Is currently accepted for treatment in and is participating in a substance abuse treatment program. Is determined by a licensed medical provider to not need substance abuse treatment. If applicable, is in compliance with all terms of probation. B. The department shall adopt rules related to drug testing pursuant to this section that include more frequent drug testing for offenses that occurred within twenty-four months of the date of application. Back to Map Arkansas SNAP: Fully Opted Out TANF: Fully Opted Out Ark. Code § 20-76-409 The State of Arkansas opts out of Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193. Back to Map California SNAP: Modified Ban TANF: Modified Ban Condition: Compliance with supervision terms SNAP: Cal. Welf. & Inst. Code § 18901.3 (a) Subject to the limitations of subdivision (b), pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C. Sec. 862a(d)(1)(A)), California opts out of the provisions of Section 115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). An individual convicted as an adult in state or federal court after December 31, 1997, including any plea of guilty or nolo contendere, of any offense classified as a felony that has as an element the possession, use, or distribution of a controlled substance, as defined in Section 102(6) of the federal Controlled Substances Act (21 U.S.C. Sec. 802(6)) or Division 10 (commencing with Section 11000) of the Health and Safety Code, shall be eligible to receive CalFresh benefits as provided for under this section. (b) As a condition of eligibility to receive CalFresh benefits pursuant to subdivision (a), an applicant or recipient described in subdivision (a) who is on probation or parole shall comply with the terms of the probation or parole, including participation in a government-recognized drug treatment program, if required. If the county human services agency receives verification that the individual is in violation of probation or parole or that the individual is a fleeing felon pursuant to federal law, the individual shall be ineligible for CalFresh benefits under this section until the person is no longer in violation of probation or parole or a fleeing felon pursuant to federal law. Verification shall be obtained using existing county human services agency protocols to determine eligibility. TANF : Cal. Welf. & Inst. Code § 11251.3 (a) Subject to the limitations of subdivision (b), pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C. Sec. 862a(d)(1)(A)), California opts out of the provisions of Section 115(a)(1) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(1)). . . . (b) As a condition of eligibility for CalWORKs pursuant to subdivision (a), an applicant or recipient described in subdivision (a) who is on probation or parole shall comply with the terms of the probation or parole, including participation in a government-recognized drug treatment program, if required. If the county human services agency receives verification that the individual is ineligible pursuant to subdivision (a) of Section 11486.5, the individual shall be ineligible for CalWORKs benefits under this section until he or she is no longer in violation of probation or parole or a fleeing felon. Verification shall be obtained using existing county human services agency protocols to determine eligibility. Back to Map Colorado SNAP: Fully Opted Out TANF: Fully Opted Out In 2022, Colorado eliminated its previously modified bans on receiving SNAP and TANF. C.R.S. § 26-2-706(3) (3) A person convicted of a drug-related felony offense under the laws of this state, any other state, or the federal government on or after June 3, 1997, is eligible for assistance under the works program. Back to Map Connecticut SNAP: Modified Ban TANF: Modified Ban Conditions: Completion of sentence/compliance with supervision terms Conn. Gen. Stat. Ann. § 17b-112d A person convicted of any offense under federal or state law, on or after August 22, 1996, which (1) is classified as a felony, and (2) has as an element the possession, use or distribution of a controlled substance, as defined in Subsection (6) of 21 USC 802, shall be eligible for benefits pursuant to the temporary assistance for needy families program or the supplemental nutrition assistance program pursuant to the Food and Nutrition Act of 2008, if such person has completed a sentence imposed by a court. A person shall also be eligible for said benefits if such person is satisfactorily serving a sentence of a period of probation or is in the process of completing or has completed a sentence imposed by the court of mandatory participation in a substance abuse treatment program or mandatory participation in a substance abuse testing program. Back to Map Delaware SNAP: Fully Opted Out TANF: Fully Opted Out SNAP: Del. Code Ann. Tit. 31 § 605 Pursuant to the option granted the State by 21 U.S.C. § 862a(d)(1), an individual convicted under federal or state law of a felony involving possession, distribution or use of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for food stamp program benefits for such convictions. TANF : Del. Code Ann. title 31 § 524 Pursuant to the option granted the State by 21 U.S.C. § 862a(d)(1), an individual convicted under federal or state law of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the possession, use, or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for assistance under 42 U.S.C. § 601 et seq. if the individual is otherwise eligible for assistance under the Temporary Assistance for Needy Families (TANF) funded program. Back to Map District of Columbia SNAP: Fully Opted Out TANF: Fully Opted Out D.C. Code § 4 – 205.71 An adult who is a drug felon shall not be denied cash or food assistance benefits, including TANF, Supplemental Nutrition Assistance Program, POWER, GAC, or Interim Disability Assistant benefits, solely because he or she is a drug felon. Back to Map Florida SNAP: Fully Opted Out TANF: Modified Ban Condition (TANF): Excludes drug trafficking convictions We read this law to condition only TANF benefits, since that is the import of the section where it appears, and we have identified no comparable restrictions in the sections of the Florida code governing food assistance that can fairly be linked to the federal ban. We are aware that the Florida Dept. of Children and Families has taken the position in its manuals that anyone convicted of drug trafficking is ineligible for both SNAP and TANF, without qualification or condition. See https://www.myflfamilies.com/sites/default/files/2023-02/1410.pdf (p. 28 for SNAP, p. 71 for TANF). While we do not know if the FDCF may be applying some provision of state law to condition SNAP benefits, its position seems inconsistent with the state law opting out of the federal PRWORA ban cited below. Fla. Stat. Ann. § 414.095(1) 414.095 Determining eligibility for temporary cash assistance.— (1) ELIGIBILITY. . . . . Benefits may not be denied to an individual solely based on a felony drug conviction, unless the conviction is for trafficking pursuant to s. 893.135. To be eligible under this section, an individual convicted of a drug felony must be satisfactorily meeting the requirements of the temporary cash assistance program, including all substance abuse treatment requirements. Within the limits specified in this chapter, the state opts out of the provision of Pub. L. No. 104-193, s. 115, that eliminates eligibility for temporary cash assistance and food assistance for any individual convicted of a controlled substance felony. Back to Map Georgia SNAP: Modified Ban TANF: Complete Ban Conditions (SNAP): Completion of sentence/compliance with supervision terms. SNAP: Ga. Code Ann. § 49-4-22 a. An individual who was convicted under any state or federal law of an offense which has as an element the possession, use, or distribution of a controlled substance, as such term is defined in Code Section 16-13-21, and which is or would be classified as a felony under the laws of this state shall not be eligible for the federal Supplemental Nutrition Assistance Program while he or she is serving any term of imprisonment. If such individual was not sentenced to imprisonment, he or she shall be eligible for such program, provided that he or she remains compliant with the applicable general and special conditions of probation imposed. If such individual is sentenced to a term of imprisonment, after release from confinement, he or she shall be eligible for such program, provided that he or she remains compliant with the applicable general and special conditions of probation or parole imposed. If such individual violates the terms of probation as determined by court order or violates the terms of parole as determined by an order of the State Board of Pardons and Paroles, he or she shall lose eligibility for such program. If such individual successfully completes the original sentence imposed, he or she shall remain eligible for such program. b. Any individual eligible for aid pursuant to this Code section shall be required to meet all other requirements for eligibility for such program. Back to Map Hawaii SNAP: Modified Ban TANF: Modified Ban Condition: Compliance with drug treatment Hawaii Code §346-53.3 Temporary assistance for needy families and food stamps for individuals with a felony conviction which has as an element the possession, use, or distribution of a controlled substance. Section 115(a) of Public Law 104-193 shall not apply in Hawaii to persons who are complying with treatment or who have not refused or failed to comply with treatment. Back to Map Idaho SNAP: Modified Ban TANF: Modified Ban Condition: Compliance with supervision terms Idaho Code Ann. § 56-202(g) The director of the state department of health and welfare shall:.. (g) Exercise the opt out provision in section 115 of the personal responsibility and work opportunity reconciliation act of 1996, P.L. 104-193. Consistent with this, the department may provide food stamps and services funded under title 4A (including cash assistance, TANF supportive services and at risk payments) to a person who has been convicted of a felony involving a controlled substance as defined in chapter 27, title 37, Idaho Code, if they comply with the terms of a withheld judgment, probation or parole. Back to Map Illinois SNAP: Fully Opted Out TANF: Fully Opted Out In 2021 Illinois fully opted out of its previously modified ban for TANF. 305 Ill. Comp. Stat. Ann. 5/1-10 (c) Persons shall not be determined ineligible for food stamps provided under this Code based upon a conviction of any felony or comparable federal or State criminal law which has an element the possession, use or distribution of a controlled substance, as defined in Section 102(6) of the federal Controlled Substances Act (21 U.S.C. 802(c)). (d) Notwithstanding any other provision of this Section to the contrary, persons shall not be determined ineligible for cash assistance provided under Article IV of this Code based upon a conviction for any drug-related felony under State or federal law. Back to Map Indiana SNAP: Modified Ban TANF: Modified Ban Conditions (SNAP): Completion of sentence/compliance with supervision terms. Conditions (TANF): Excludes trafficking convictions, requires drug treatment and drug testing for eligible offenses, limits benefits to one year In order to receive SNAP in Indiana, individuals with a drug felony conviction must either have completed probation, parole, or any other postconviction monitoring program, or be currently in compliance with those conditions. Eligibility for TANF benefits is much more limited: Any felony that involves distribution or manufacturing is automatically excluded, while individuals with eligible offenses must undergo or have completed drug treatment and submit to regular drug testing. Even so, people with drug felony convictions are only eligible to receive TANF assistance for up to one year. SNAP: Ind. Code Ann. § 12-14-30–3 (a) Beginning January 1, 2020, and in accordance with 21 U.S.C. 862a(d)(1), the state elects to opt out of the application of 21 U.S.C. 862a(a) for individuals who have been convicted of an offense under IC 35-48 (controlled substances), or an offense in another jurisdiction that is substantially similar, for conduct occurring after August 22, 1996, if any of the following circumstances are met: (1) The individual has successfully completed probation, parole, community corrections, a reentry court program, or any other postconviction monitoring program ordered by a court. (2) The individual is successfully complying with the individual’s conditions of probation, parole, or community corrections, the terms of participation in a reentry court program, or the requirements of any other postconviction monitoring program ordered by a court. (3) The individual is eligible for SNAP benefits under IC 12-14-29-2 as a participant in a program described in IC 12-14-29-2(4). (b) If the individual violates any terms of the probation, parole, community corrections, or reentry court program described in subsection (a), the individual is not eligible for SNAP. TANF: Ind. Code Ann. 12-14-28-3.3 (a) An individual who: (1) except for 21 U.S.C. 862a(a), meets the federal and Indiana TANF program eligibility requirements; (2) has been convicted of an offense under federal or state law that: (A) is classified as a felony; (B) has as an element the possession or use of a controlled substance (as defined in 21 U.S.C. 802(6)); and (C) does not have as an element the distribution or manufacturing of a controlled substance (as defined in 21 U.S.C. 802(6)); and (3) either has completed or is participating in substance abuse or mental health treatment provided by [an official provider]… is eligible to receive assistance under this chapter for not more than twelve (12) months… (d) An individual who is receiving TANF under this section must be tested not less than one (1) time every two (2) months for drugs at a time chosen by the provider of the substance abuse or mental health treatment the individual completed or is participating in under this section. Nothing in this section shall prevent the provider from testing for drugs more frequently if more frequent testing is part of the program operated by the provider. Back to Map Iowa SNAP: Fully Opted Out TANF: Modified Ban Condition: Participation in “drug rehabilitation activities” SNAP: Iowa Code Ann. §234.12(2) The provisions of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, §115, shall not apply to an applicant for or recipient of food stamp benefits in this state. However, the department of human services may apply contingent eligibility requirements as provided under state law and allowed under federal law. Our research reveals no “contingent eligibility requirements” imposed by the state DHS that would move Iowa into the “Modified Ban” category for SNAP benefits. TANF: Iowa Code 239B.5(3)(b) 3. a. The provisions of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L.No. 104-193, §115, shall not apply to an applicant or participant. b. However, unless exempt for good cause under rules adopted by the department for this purpose, an applicant or participant convicted under federal or state law of a felony offense, which has as an element the possession, use, or distribution of a controlled substance, as defined in 21 U.S.C. §802(6), shall be required to participate in drug rehabilitation activities or to fulfill other requirements to verify that the applicant or participant does not illegally possess, use, or distribute a controlled substance. Back to Map Kansas SNAP: Modified Ban TANF: Modified Ban Condition: Participation in drug treatment if necessary KSA § 39-709e (a) Except as provided in K.S.A. 39-709, and amendments thereto, under the authority of subsection (d)(1)(A) of 21 U.S.C. § 862a, the state of Kansas hereby exercises its option out of subsection (a) of 21 U.S.C. § 862a, which makes any individual ineligible for certain state and federal assistance if that individual has been convicted under federal or state law of any offense which is classified as a felony by the law of the jurisdiction and which has as an element of such offense the possession, use or distribution of a controlled substance as defined by subsection (6) of 21 U.S.C. § 802, only if, after such conviction, such individual has: (1) Been assessed by a licensed substance abuse treatment provider as not requiring substance abuse treatment; or (2) been assessed by a licensed substance abuse treatment provider and such provider recommended substance abuse treatment and such individual: (A) Is participating in a licensed substance abuse treatment program; or (B) has successfully completed a licensed substance abuse treatment program. (b) An individual shall be disqualified for any state or federal assistance permitted by this section if confirmation of illegal drug use is found as a result of testing that occurs while the individual is on probation, parole, conditional release or postrelease supervision or during required substance abuse treatment. Thereafter, such disqualified individual may reapply for assistance after 30 days. Back to Map Kentucky SNAP: Fully Opted Out TANF: Fully Opted Out In 2021, Kentucky eliminated its modified ban on receiving SNAP and TANF benefits, and now allows anyone convicted of a drug felony to be eligible for those programs. Ky. Rev. Stat. Ann. § 205.2005 Pursuant to 21 U.S.C. sec. 862a(d)(1), all individuals residing in Kentucky shall be exempt from the application of 21 U.S.C. sec. 862a(a). Back to Map Louisiana SNAP: Fully Opted Out TANF: Fully Opted Out Let. Fox. State. Ann. 46:233.3 As authorized by 21 U.S.C. 862a(d)(1), this state hereby exempts all individuals domiciled in the state from the application of the prohibition provided in 21 U.S.C. 862a(a) on eligibility for the following assistance programs and benefits: (1) Cash benefits under any state program funded under Part A of Title IV of the Social Security Act. (2) Benefits under the Supplemental Nutrition Assistance Program as defined in Section 3 of the Food and Nutrition Act of 2008 or any state program carried out under that Act. Back to Map Maine SNAP: Fully Opted Out TANF: Fully Opted Out Me. Rev. Stat. tit. 22, § 3104(14) Prohibition against denial of assistance based on drug conviction. A person who is otherwise eligible to receive food assistance under the federal Food Stamp Act of 1977, 7 United States Code, Sections 2011 to 2036 and under the federal Food and Nutrition Act of 2008 may not be denied assistance because the person has been convicted of a drug-related felony as described in the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, Section 115, 110 Stat. 2105. Back to Map Maryland SNAP: Fully Opted Out TANF: Modified Ban Conditions (TANF): Drug treatment if necessary. We read Maryland’s “Opt Out” provision § 5-601(b) to impose a condition on access only for TANF benefits, by virtue of the “Subject to” phrase in the governing statute that directs to a law governing drug treatment as a condition of cash benefits, and that specifically exempts “medical assistance and food stanps.” See § 5–314, below. Despite this, the agency responsible for administering the SNAP program appears to have determined that eligibility for those with a drug conviction depends upon compliance with drug treatment and testing requirements for a period of two years after application. See Code of Maryland Regs. 07.03.17.04 (SNAP). In addition, the provisions of § 5-601(c) appear on their face to apply only to people who are convicted of a crime after receiving SNAP and TANF benefits, so that these conditions are in the nature of a penalty rather than a limitation on access in the first instance. Md. Code, Human Services § 5-601 (b) Subject to § 5–314 of this title and as authorized under 21 U.S.C. § 862a(d)(1), the State removes itself from the application of § 115 of the federal Personal Responsibility and Work Opportunity Act of 1996 to allow the Department to provide temporary cash assistance and food stamps to a resident who has been convicted of a felony involving the possession, use, or distribution of a controlled dangerous substance. (c) (1) Notwithstanding subsection (b) of this section, if a resident receiving temporary cash assistance or food stamps is found to be in violation of § 5–612 or § 5–613 of the Criminal Law Article, the resident is: (i) ineligible for temporary cash assistance or food stamps for 1 year after the date of the conviction; and (ii) subject to testing for substance abuse, as provided by the Department, and to treatment as required under § 5–314 of this title, for 2 years beginning on the later of: the date the individual is released from incarceration; the date the individual completes any term of probation; or the date the individual completes any term of parole or mandatory supervision. (2) A recipient who fails to comply with the testing required under this subsection or the treatment required under § 5–314 of this title or who tests positive for the abuse of controlled dangerous substances is subject to the sanctions provided under § 5–314 of this title. (3) In consultation with the Maryland Department of Health, the Secretary shall adopt regulations to establish the testing methods and procedures, consistent with § 5–314 of this title, to be required by the Department under this subsection, including the intervals of testing and methods required. Md. Code, Human Services § 5-314 Section 5-314 – Temporary Cash Assistance — Adult or Minor Parent Substance Abuse Treatment (b)(1) An addictions specialist shall assess the need of any adult or minor parent applicant or recipient for substance abuse treatment: (i) at the initial application for temporary cash assistance; or (ii) when considered appropriate by the FIP case manager of the local department. . . . . (c)(1) If the screening performed by the addictions specialist reveals that an applicant or recipient has a substance abuse problem, the addictions specialist shall: (i) conduct, or refer for, an assessment of the applicant’s or recipient’s substance abuse problem and, if appropriate, determine placement for treatment and related support services; (ii) refer the applicant or recipient for appropriate substance abuse treatment and related support services . . . . (j) The denial or reduction of temporary cash assistance under this section does not affect an adult or minor parent applicant or recipient’s eligibility for medical assistance and food stamps, as long as the applicant or recipient meets the medical assistance and food stamp program requirements. Code of Maryland Regs. 07.03.17.04 (SNAP) Code of Maryland Regs. 07.03.03.09 (TANF) Back to Map Massachusetts SNAP: Fully Opted Out TANF: Fully Opted Out Conditions on SNAP and TANF were incorporated into Massachusetts’ annual appropriations law in the early years of this century, but have been eliminated in recent years. Back to Map Michigan SNAP: Fully Opted Out TANF: Fully Opted Out In 2020, Michigan eliminated its modified bans on SNAP and TANF eligibility. Since Michigan defines violation of probation or parole requirements to mean there is an active arrest warrant for the individual, the independent “fleeing felon” exclusion from benefits applies, rather than the ban in PRWORA based on a past drug conviction. House Bill 5396 (2020), Sec. 619 Sec. 619. The department shall not deny title IV-A assistance and food assistance benefits under 21 USC 862a to any individual who has been convicted of a felony that included the possession, use, or distribution of a controlled substance, for which the act that resulted in the conviction occurred after August 22, 1996, if the individual is not in violation of his or her probation or parole requirements. Back to Map Minnesota SNAP: Modified Ban TANF: Modified Ban Condition: Random drug testing (within 10 years of conviction for SNAP, lifetime for TANF) SNAP: Min. State. Ann. Section 256J.26(1) (a) An individual who has been convicted of a felony level drug offense during the previous ten years from the date of application or recertification is subject to the following: (1) Benefits for the entire assistance unit must be paid in vendor form for shelter and utilities during any time the applicant is part of the assistance unit. (2) The convicted applicant or participant may be subject to random drug testing. Following any positive test for an illegal controlled substance, the county must provide information about substance use disorder treatment programs to the applicant or participant. (b) Applicants requesting only SNAP benefits or participants receiving only SNAP benefits, who have been convicted of a felony-level drug offense during the previous ten years from the date of application or recertification may, if otherwise eligible, receive SNAP benefits. The convicted applicant or participant may be subject to random drug testing. Following a positive test for an illegal controlled substance, the county must provide information about substance use disorder treatment programs to the applicant or participant. (c) For the purposes of this subdivision, “drug offense” means a conviction that occurred during the previous ten years from the date of application or recertification of sections 152.021 to 152.025, 152.0261, 152.0262, 152.096, or 152.137. Drug offense also means a conviction in another jurisdiction of the possession, use, or distribution of a controlled substance, or conspiracy to commit any of these offenses, if the conviction occurred during the previous ten years from the date of application or recertification and the conviction is for a crime that would be a felony if committed in Minnesota. (d) This subdivision does not apply for convictions or positive test results related to cannabis, marijuana, or tetrahydrocannabinols. TANF : From. State. Ann. § 609B.435(2) A person who is an applicant for benefits from the Minnesota family investment program or MFIP, the vehicle for temporary assistance for needy families or TANF, and who has been convicted of a felony-level drug offense may be subject to random drug testing. Following any positive test for a controlled substance, the county must provide information about substance use disorder treatment programs to the applicant or participant. This subdivision does not apply for convictions or positive test results related to cannabis, marijuana, or tetrahydrocannabinols. Back to Map Mississippi SNAP: Fully Opted Out TANF: Fully Opted Out In 2019, Mississippi fully opted out of the federal bans on SNAP and TANF. Miss. Code Ann. §43-12-71 As provided in 21 USC Section 862a(d)(1), Mississippi opts out of the application of 21 USC Section 862a(a) to all individuals domiciled in the state. Back to Map Missouri SNAP: Modified Ban TANF: Complete Ban Conditions (SNAP): Compliance with supervision conditions, participation in drug testing and drug treatment, with certain convictions excluded from eligibility. Missouri maintains a complete ban on receiving TANF and has one of the nation’s most stringent bans for receiving SNAP benefits. Only people who have been convicted of a single drug possession or use may be eligible; multiple felonies for possession or use as well as any felony conviction for drug manufacturing and distribution are ineligible. For those who are eligible, individuals must comply with the conditions of their probation or parole, submit to regular drug testing, and must be either participating in or have completed drug treatment. Mon. Ann. Stat. § 208.247 1. Pursuant to the option granted the state by 21 U.S.C. Section 862a(d), an individual who has pled guilty or nolo contendere to or is found guilty under federal or state law of a felony involving possession or use of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. Section 862a(a) against eligibility for food stamp program benefits for such convictions, if such person, as determined by the department: (1) Meets one of the following criteria: (a) Is currently successfully participating in a substance abuse treatment program approved by the division of alcohol and drug abuse within the department of mental health; or (b) Is currently accepted for treatment in and participating in a substance abuse treatment program approved by the division of alcohol and drug abuse, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity; or (c) Has satisfactorily completed a substance abuse treatment program approved by the division of alcohol and drug abuse; or (d) Is determined by a division of alcohol and drug abuse certified treatment provider not to need substance abuse treatment; and (2) Is successfully complying with, or has already complied with, all obligations imposed by the court, the division of alcohol and drug abuse, and the division of probation and parole; and (3) Does not plead guilty or nolo contendere to or is not found guilty of an additional controlled substance misdemeanor or felony offense after release from custody or, if not committed to custody, such person does not plead guilty or nolo contendere to or is not found guilty of an additional controlled substance misdemeanor or felony offense, within one year after the date of conviction. Such a plea or conviction within the first year after conviction shall immediately disqualify the person for the exemption; and (4) Has demonstrated sobriety through voluntary urinalysis testing paid for by the participant. 2. Eligibility based upon the factors in subsection 1 of this section shall be based upon documentary or other evidence satisfactory to the department of social services, and the applicant shall meet all other factors for program eligibility. 3. The department of social services, in consultation with the division of alcohol and drug abuse, shall promulgate rules to carry out the provisions of this section including specifying criteria for determining active participation in and completion of a substance abuse treatment program. 4. The exemption under this section shall not apply to an individual who has pled guilty or nolo contendere to or is found guilty of two subsequent felony offenses involving possession or use of a controlled substance after the date of the first controlled substance felony conviction. Back to Map Montana SNAP: Modified Ban TANF: Modified Ban Conditions: Completion of sentence/compliance with supervision terms Mont. Code Ann. 53-4-231(3) A person who has been convicted of a felony offense, an element of which involves the possession, use, or distribution of a controlled substance, as defined in 21 U.S.C. 802, is eligible for public assistance if the person is actively complying with the conditions of supervision, including participating in treatment if required, or has discharged the sentence associated with the felony conviction. Back to Map Nebraska SNAP: Modified Ban TANF: Complete Ban Conditions (SNAP): Participation in drug treatment, with certain convictions excluded from eligibility. In Nebraska, only people who have been convicted of one or two drug possession or use felonies may be eligible for SNAP. Individuals who have been convicted of more than three possession felonies or have any felony convictions involving selling or distributing are excluded. To be eligible, individuals must also be participating in or have completed drug treatment. Nebraska also maintains a complete ban on receiving TANF benefits. SNAP: Neb. Rev. Stat. § 68-1017.02(4) (4)(a) Within the limits specified in this subsection, the State of Nebraska opts out of the provision of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as such act existed on January 1, 2009, that eliminates eligibility for the Supplemental Nutrition Assistance Program for any person convicted of a felony involving the possession, use, or distribution of a controlled substance. (b) A person shall be ineligible for Supplemental Nutrition Assistance Program benefits under this subsection if he or she (i) has had three or more felony convictions for the possession or use of a controlled substance or (ii) has been convicted of a felony involving the sale or distribution of a controlled substance or the intent to sell or distribute a controlled substance. A person with one or two felony convictions for the possession or use of a controlled substance shall only be eligible to receive Supplemental Nutrition Assistance Program benefits under this subsection if he or she is participating in or has completed a state-licensed or nationally accredited substance abuse treatment program since the date of conviction. The determination of such participation or completion shall be made by the treatment provider administering the program. Back to Map Nevada SNAP: Fully Opted Out TANF: Fully Opted Out In 2021, Nevada ended its modified bans and now allows individuals who have been convicted of drug felonies to be eligible for both SNAP and TANF benefits. NRS 422A.345 1. A person who has been convicted of a felony, an element of which is the possession, use or distribution of a controlled substance, may receive any public assistance for which he or she is otherwise eligible. Pursuant to 21 U.S.C. § 862a(d)(1)(A), all persons domiciled in this State are exempt from the application of 21 U.S.C. § 862a(a). 2. As used in this section, “controlled substance” has the meaning ascribed to it in 21 U.S.C. § 802(6). Back to Map New Hampshire SNAP: Fully Opted Out TANF: Fully Opted Out N.H. Rev. Stat. Ann. 167:81-a Pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, section 115(a)(1)-(2) of Public Law 104-19, all individuals domiciled in this state shall be exempt from the application of section 115(d)(1)(A) of Public Law 104-19 which makes any individual ineligible for certain state and federal assistance if that individual has been convicted under federal or state law of any offense which is classified as a felony by the law of the jurisdiction and which has as an element the possession, use, or distribution of a controlled substance as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)). Back to Map New Jersey SNAP: Fully Opted Out TANF: Fully Opted Out NJ Rev Stat § 44:10-48(d) Pursuant to the authorization provided to the states under 21 U.S.C. s.862a(d)(1), this State elects to exempt from the application of 21 U.S.C. s.862a(a). Back to Map New Mexico SNAP: Fully Opted Out TANF: Fully Opted Out NM Stat § 27-2B-11(C) Pursuant to the authorization provided to the states in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 21 U.S.C. Section 862a(d)(1)(A), New Mexico elects to exempt all persons domiciled in the state from application of 21 U.S.C. Section 862a(d)(1)(A) concerning the restriction of eligibility for benefits on the basis of a conviction for distribution of a controlled substance. Back to Map New York SNAP: Fully Opted Out TANF: Fully Opted Out In New York, anyone who has been convicted of a drug felony may be eligible to receive SNAP and TANF benefits. 1997 N.Y. Laws § 121436 (no link available) Back to Map North Carolina SNAP: Modified Ban TANF: Modified Ban Conditions: Six-month waiting period, participation in drug treatment if required, with certain convictions excluded from eligibility. In North Carolina, people who have been convicted of Class H or I drug felonies may be eligible to receive SNAP and TANF benefits following a six-month waiting period, if they have completed or are participating in drug treatment determined to be appropriate. N.C. Gen. Stat. Ann. § 108A-25.2 Individuals convicted of Class H or I controlled substance felony offenses in this State shall be eligible to participate in the Work First Program and the food and nutrition services program: (1) Six months after release from custody if no additional controlled substance felony offense is committed during that period and successful completion of or continuous active participation in a required substance abuse treatment program determined appropriate by the area mental health authority; or (2) If not committed to custody, six months after the date of conviction if no additional controlled substance felony offense is committed during that period and successful completion of or continuous active participation in a required substance abuse treatment program determined appropriate by the area mental health authority. A county department of social services shall require individuals who are eligible for Work First Program assistance and electronic food and nutrition benefits pursuant to this section to undergo substance abuse treatment as a condition for receiving Work First Program or electronic food and nutrition benefits, if funds and programs are available and to the extent allowed by federal law. Back to Map North Dakota SNAP: Fully Opted Out TANF: Fully Opted Out SNAP: N.D. Cent. Code § 50-06-05.1(16) The department may not deny assistance under the supplemental nutrition assistance program to any individual who has been convicted of a felony offense that has as an element the possession, use, or distribution of a controlled substance as defined in section 102(6) of the Controlled Substances Act [21 U.S.C. 802(6)]. TANF: N.D. Cent. Code § 50-09-29(5) The state agency may not deny assistance to any individual who has been convicted of a felony offense that has as an element the possession, use, or distribution of a controlled substance as defined in section 102(6) of the Controlled Substance Act [21 U.S.C. 802(6)]. Back to Map Ohio SNAP: Fully Opted Out TANF: Fully Opted Out Ohio Rev. Code Ann. § 5101.84 An individual otherwise ineligible for aid under Chapter 5107. Or 5108. Of the Revised Code or supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) because of paragraph (a) of 21 U.S.C. 862a is eligible for the aid or benefits if the individual meets all other eligibility requirements for the aid or benefits. Back to Map Oklahoma SNAP: Fully Opted Out TANF: Fully Opted Out Oklahoma has completely opted out of both federal bans, allowing individuals who have been convicted of a drug felony to be eligible for SNAP and TANF benefits. 1997 Okla. Sess. Laws 414 § 28 (no citation available) Back to Map Oregon SNAP: Fully Opted Out TANF: Fully Opted Out ORS § 411.119(1) …a person who is otherwise eligible to receive public assistance, including supplemental nutrition assistance, or medical assistance may not be denied assistance because the person has been convicted of a drug-related felony. Back to Map Pennsylvania SNAP: Modified Ban TANF: Modified Ban Conditions: Compliance with court obligations and supervision, participation in drug treatment and drug testing, with certain offenses subject to a waiting period. In 2019 Pennsylvania re-instituted its own modified bans on access to SNAP and TANF, after having earlier opted out of both entirely. The state now conditions benefits on compliance with court obligations, participation in or completion of court-ordered drug treatment, and submission to regular drug testing (5 years for SNAP, 10 years for TANF). The Commonwealth also disqualifies those who have been convicted of two or more drug trafficking felonies from receiving TANF for up to 10 years. SNAP: 62 Pa. Cons. Stat. Ann. § 432.24 (Unconsolidated Statutes) (a) To the extent permitted by Federal law, a person who is otherwise eligible to receive public assistance shall not be denied assistance solely because he has been convicted of a felony drug offense, provided: (1) He is complying with or has already complied with the obligations imposed by the criminal court. (2) He is actively engaged in or has completed a court-ordered substance abuse treatment program and participates in periodic drug screenings for five years after the drug-related conviction or for the duration of probation, whichever is of longer duration. (b) Under the screening for the drug test and retest program the department shall: (1) Require a recipient be scheduled to be tested if he has either a felony conviction for a drug offense which occurred within five years or a felony conviction for a drug offense for which he is presently on probation subject to the following conditions: (i) An individual who is applying for public assistance is required to be tested and shall be tested at the time the application for public assistance is made. (ii) A recipient already receiving public assistance as of the effective date of this section shall be scheduled to be tested in accordance with paragraph (2). (2) Develop and implement a system for randomly testing no less than twenty percent of the individuals receiving public assistance benefits during each six-month period following the effective date of this section who are subject to testing for the presence of illegal drugs under this section. (3) Deny public assistance to an individual who refuses to take the drug test or the drug retest required by this section and terminate the public assistance benefits for anyone who refuses to submit to the random drug test required by this section… “Public assistance” means Temporary Assistance to Needy Families (TANF), Federal food stamps, general assistance and State supplemental assistance. TANF: 62 Pa. Cons. Stat. Ann. § 432.25 (Unconsolidated Statutes) (a)(1) Notwithstanding sections 405.1 and 432.24, to the extent permitted by Federal law, no individual who, after the effective date of this section, has been convicted under section 13(a)(14), (30) or (37) of the act of April 14, 1972 (P.L.233, No.64), known as “The Controlled Substance, Drug, Device and Cosmetic Act,” when the amount of controlled substances involved is equivalent to or greater than the amount of controlled substances set forth in 18 Pa.C.S. § 7508(a)(1)(iii), (2)(iii), (3)(iii), (4)(iii), (7)(iii) or (8)(iii) (relating to drug trafficking sentencing and penalties) while receiving public assistance shall be eligible for public assistance unless: (i) the individual is complying with or has already complied with the obligations imposed by the criminal court; and (ii) the individual is actively engaged in or has completed a court-ordered substance abuse treatment program, as applicable, and participates in periodic drug tests for ten years after the drug-related conviction or for the duration of probation, whichever is of longer duration. (2) Upon a second or subsequent conviction under section 13(a)(14), (30) or (37) of “The Controlled Substance, Drug, Device and Cosmetic Act” when the amount of controlled substances involved is equivalent to or greater than the amount of controlled substances set forth in 18 Pa.C.S. § 7508(a)(1)(iii), (2)(iii), (3)(iii), (4)(iii), (7)(iii) or (8)(iii), the individual shall be suspended from receiving public assistance for a period of ten years to the extent permitted by Federal law. After the ten-year suspension, the individual may apply for public assistance… (f) As used in this section, the term “public assistance” means Temporary Assistance to Needy Families (TANF), general assistance and State supplemental assistance. Back to Map Rhode Island SNAP: Fully Opted Out TANF: Fully Opted Out SNAP: R.I. Gen. Laws § 40-6-8(d) No person shall be ineligible for food stamp benefits due solely to the restricted eligibility rules otherwise imposed by § 115(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193), 21 U.S.C. § 862a(a)(2), and as this section may hereafter be amended. TANF: R.I. Gen. Laws § 40-5.2-10(d) (d) All individuals domiciled in this state shall be exempt from the application of subdivision 115(d)(1)(A) of Pub. L. No. 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any individual ineligible for certain state and federal assistance if that individual has been convicted under federal or state law of any offense that is classified as a felony by the law of the jurisdiction and that has as an element the possession, use, or distribution of a controlled substance as defined in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)). Back to Map South Carolina SNAP: Complete Ban TANF: Complete Ban South Carolina is the only state that has failed to opt out of the ban on receiving either SNAP or TANF benefits. Back to Map South Dakota SNAP: Fully Opted Out TANF: Fully Opted Out In 2020, South Dakota opted out of both SNAP and TANF. SNAP: South Dakota Codified Law 28-12-3 Pursuant to section 115(d)(1)(A) of Public Law 104-193, South Dakota opts out of the provisions of section 115(a)(2) of Public Law 104-193. TANF: South Dakota Codified Law 28-7A-4.1 As permitted in accordance with 21 U.S.C. § 862a(d)(1)(A), this state exempts itself from the application of 21 U.S.C. § 862a(a)(1). The department may not deny benefits otherwise available under this chapter to an applicant solely because the applicant has been convicted, under state or federal law, of an offense that is classified as a felony and which has as an element the possession, use, or distribution of a controlled substance, as defined in § 34-20B-3 or 21 U.S.C. § 802. Back to Map Tennessee SNAP: Modified Ban TANF: Modified Ban Conditions: Completion of sentence/compliance with supervision, participation in drug treatment, certain convictions excluded from eligibility or subject to a waiting period. In Tennessee, people who have been convicted of a drug felony that was not a Class A felony may be eligible to receive SNAP and TANF, provided they have completed their sentence or are complying with the conditions of their probation and parole and are either participating in or have completed drug treatment. The state also places a three-year waiting period on access to TANF benefits for anyone who has been convicted of two or more drug felonies. SNAP: Tenn. Code Ann. § 71-5-308 a. When an application for food stamp assistance is filed with the county office, the area manager, or a designated agent, shall promptly make or cause to be made such investigation as it may deem necessary. The object of such investigation shall be to ascertain facts supporting the application and such other information as may be required by the rules and regulations of the department. Upon the completion of such investigation, the area manager or the area manager’s designated agent shall, within a reasonable period of time, determine eligibility. b. 1. Pursuant to the option granted the state by 21 U.S.C. § 862a(d), an individual convicted under federal or state law of a felony involving possession, use or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for food stamp program benefits for such convictions, if such person, as determined by the department: A. i. Is currently participating in a substance abuse treatment program approved by the department of human services; ii. Is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity; iii. Has satisfactorily completed a substance abuse treatment program approved by the department of human services; or iv. Is determined by a treatment provider licensed by the department of health, division of alcohol and drug abuse services, not to need substance abuse treatment according to TennCare guidelines; and B. Is complying with, or has already complied with, all obligations imposed by the criminal court, including any substance abuse treatment obligations. 2. Eligibility based upon the factors in subdivision (b)(1) must be based upon documentary or other evidence satisfactory to the department, and the applicant must meet all other factors for program eligibility. 3. Notwithstanding subdivision (b)(1)(A) or (b)(1)(B) to the contrary, no person convicted of a Class A felony for violating a provision of title 39, chapter 17, part 4 shall be eligible for the exemptions provided by this subsection (b). TANF: Tenn. Code Ann. § 71-3-104(k)(2) (k)(2) A. Pursuant to the option granted the state by 21 U.S.C. § 862a(d), an individual convicted on or before June 30, 2011, under federal or state law of a felony involving possession, use or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for families first program benefits for such convictions, if such person, as determined by the department: i. (a) Is currently participating in a substance abuse treatment program approved by the department of human services; a. (i)(a) Is currently participating in a substance abuse treatment program approved by the department of human services; b. Is currently enrolled in a substance abuse treatment program approved by the department of human services, but is subject to a waiting list to receive available treatment, and the individual remains enrolled in the treatment program and enters the treatment program at the first available opportunity; c. Has satisfactorily completed a substance abuse treatment program approved by the department of human services; or d. Is determined by a treatment provider licensed by the department of mental health and substance abuse services not to need substance abuse treatment according to TennCare guidelines; and ii. Is complying with, or has already complied with, all obligations imposed by the criminal court, including any substance abuse treatment obligations. B. Eligibility based upon the factors in subdivision (k)(2)(A) must be based upon documentary or other evidence satisfactory to the department, and the applicant must meet all other factors of program eligibility, including, specifically, being accountable for the requirements of the personal responsibility plan required by this part. C. Notwithstanding subdivision (k)(2)(A) or (k)(2)(B) to the contrary, no person convicted of a Class A felony for violating a provision of title 39, chapter 17, part 4 shall be eligible for the exemptions provided by subdivision (k)(2)(A) or (k)(2)(B). D. Pursuant to the option granted the state by 21 U.S.C. § 862a(d), an individual convicted on or after July 1, 2011, under federal or state law of a felony involving possession, use or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for families first program benefits for such convictions, if such person meets the following requirements: i. Requirements contained in subdivision (k)(2)(A) or (k)(2)(B) and (C); ii. If treatment was prescribed according to the requirements in subdivision (k)(2)(A) or (k)(2)(B), successful completion of a substance abuse program must occur within three (3) attempts. If such person does not complete the originally prescribed treatment program within three (3) attempts, the individual shall be ineligible for a period of three (3) years. E. Pursuant to the option granted the state by 21 U.S.C. § 862a(d), an individual convicted of a second drug felony under federal or state law of a felony involving possession, use or distribution of a controlled substance on or after July 1, 2011, shall not be eligible for families first program benefits for a period of three (3) years from the date of conviction. Texas SNAP: Modified Ban TANF: Complete Ban Conditions (SNAP): Completion of sentence/compliance with supervision terms SNAP: Texas Human Resources Code Sec. 33.018 (a) As authorized by 21 U.S.C. Section 862a(d)(1) and except as provided by this section, 21 U.S.C. Section 862a(a)(2) does not apply in determining the eligibility of any person for the supplemental nutrition assistance program. (b) 21 U.S.C. Section 862a(a)(2) applies in determining the eligibility for the supplemental nutrition assistance program of a person who has been convicted of, and released on parole or placed on community supervision for, any felony offense that has as an element the possession, use, or distribution of a controlled substance, as defined in 21 U.S.C. Section 802, if the person violates any condition of that parole or community supervision. A person described by this subsection is ineligible for the supplemental nutrition assistance program only for a two-year period beginning on the date the person is found to have violated the condition of parole or community supervision, as authorized by 21 U.S.C. Section 862a(d)(1)(B). (c) A person convicted of an offense described by Subsection (b) who is receiving supplemental nutrition assistance program benefits and who is convicted of a subsequent felony offense, regardless of the elements of the offense, is ineligible for the supplemental nutrition assistance program. Back to Map Utah SNAP: Fully Opted Out TANF: Modified Ban Conditions (TANF): Drug treatment for drug-dependent individuals Utah Code Ann. § 35A-3-311(2) (2)(a), The State exercises the opt out provision in Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193. (b), Consistent with Subsection (2)(a), the department may provide cash assistance and SNAP benefits to a person who has been convicted of a felony involving a controlled substance, as defined in Section 58-37-2. (c), As a condition for receiving cash assistance under this part, a drug dependant [sic] person, as defined in Section 58-37-2, shall: (i), receive available treatment for the dependency; and (ii), make progress toward overcoming the dependency. Back to Map Vermont SNAP: Fully Opted Out TANF: Fully Opted Out 33 V.S.A. § 1203a An individual domiciled in Vermont shall be exempt from the disqualification provided for in 21 U.S.C. § 862a. Back to Map Virginia SNAP: Fully Opted Out TANF: Fully Opted Out In 2020, Virginia ended both its modified ban on SNAP and its complete ban on TANF, and now allows anyone who has been convicted of a drug felony to receive benefits from both programs. SNAP: Va. Code § 63.2-505.2 A person who is otherwise eligible to receive food stamp benefits shall be exempt from the application of § 115(a) of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, and shall not be denied such assistance solely because he has been convicted of a drug-related felony. TANF: Va. Code § 63.2-607.1 A person who is otherwise eligible to receive TANF assistance shall be exempt from the application of § 115(a)(1) of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, and shall not be denied such assistance solely because he has been convicted of a drug-related felony. Back to Map Washington SNAP: Fully Opted Out TANF: Fully Opted Out Wash. Rev. Code Ann. § 74.08.025 Pursuant to 21 U.S.C. 862a(d)(1), the department shall exempt individuals from the eligibility restrictions of 21 U.S.C. 862a(a)(1) and (2) to ensure eligibility for temporary assistance for needy families benefits and federal food assistance. Back to Map West Virginia SNAP: Modified Ban TANF: Complete Ban Condition (SNAP): Certain offenses involving violence or misuse of SNAP benefits excluded from eligibility SNAP: W.V. Code §9-2-3a. Pursuant to the authority and option granted by 21 U.S.C. §862a(d)(1)(A) to the states, West Virginia exempts all individuals domiciled within the state from the application of 21 U.S.C. §862a(a)(2) unless the offense of conviction has as an element thereof misuse of supplemental nutrition assistance program benefits, loss of life, or the causing of physical injury. Back to Map Wisconsin SNAP: Modified Ban TANF: Modified Ban Condition: Drug testing required if conviction within five years of application SNAP: Wis. Stat. Ann. 49.79(5) (a) The department shall require an applicant for, or recipient under, the food stamp program to state in writing whether the applicant or recipient or any member of the applicant’s or recipient’s household has been convicted, in any state or federal court of a felony that has as an element possession, use or distribution of a controlled substance. The department shall require an applicant or recipient, or member of the applicant’s or recipient’s household to submit to a test for use of a controlled substance as a condition of continued eligibility if, after August 22, 1996, but not more than 5 years prior to the date the written statement is made, the applicant or recipient or the member of the applicant’s or recipient’s household was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance. If the test results are positive with respect to any individual, the department may not consider the needs of that individual in determining the household’s eligibility for the food stamp program for at least 12 months from the date of the test. The department shall, however, consider the income and resources of that individual to be available to the household. (b) If an individual whose needs are not considered under par. (a) submits to a test for use of a controlled substance at least 12 months after the date that the department first disregarded that individual’s needs under par. (a), and if the test results are negative, the department shall consider the individual’s needs in determining the eligibility of the individual’s household. TANF: Wis. Stat. Ann. §49.148(4) (a) A Wisconsin works agency shall require a participant in a community service job or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works agency shall decrease the presanction benefit amount for that participant by not more than 15 percent for not fewer than 12 months, or for the remainder of the participant’s period of participation in a community service job or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a community service job or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works agency shall discontinue the reduction under this paragraph. (b) The Wisconsin Works agency may require an individual who tests positive for use of a controlled substance under par. (a) to participate in a drug abuse evaluation, assessment, and treatment program as part of the participation requirement under s. 49.147 (4) (as) or (5) (bs). (c) Paragraph (a) does not apply if the participant was convicted more than 5 years prior to the date on which the participant applied for a Wisconsin works employment position. Wisconsin Department of Children and Families Wisconsin Works (W-2) Manual 11.7.1 For W-2 purposes, the definition of a drug felon is an adult (over 18) who is convicted of a felony, which occurred within the last five years in state or federal court, involving the possession, use or distribution of a controlled substance. As a condition of continuing eligibility, a CSJ or W-2 T participant must report if he or she is convicted of a drug-related felony. If the W-2 agency finds out by another means that the participant received a drug felony conviction and that the participant did not report the conviction, the participant may be ineligible for W-2. Participants that report receiving a drug felony conviction must submit to a test for use of a controlled substance. Back to Map Wyoming SNAP: Fully Opted Out TANF: Fully Opted Out WY Stat. §42-2- 103(b)(xiii) Exempt individuals domiciled in Wyoming from the application of section 115, subsection (a) of P.L. 104-193 allowing payment of benefits under the personal opportunities with employment responsibilities program (POWER) and the supplemental nutrition assistance program. Back to Map
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