Food stamps, officially known as the Supplemental Nutrition Assistance Program (SNAP), are a vital program designed to help low-income individuals and families afford nutritious food. These benefits are loaded onto an Electronic Benefits Transfer (EBT) card, which works much like a debit card at grocery stores, allowing people to buy healthy food items. The program’s main goal is to fight hunger and improve public health by making sure people have enough to eat.
While SNAP aims to be a lifeline for many, understanding who qualifies can be tricky, especially for individuals with past felony convictions, as the rules can change depending on where someone lives.
Can Felons Get Food Stamps? The Straight Answer
The simple answer is: Yes, many felons can get food stamps, but it depends heavily on the state they live in and the type of felony conviction.
A federal law passed in 1996, called the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), originally created a lifetime ban on food and cash assistance for people with drug-related felony convictions. It is important to note that this ban applied
only to drug-related felonies, not to other types of felony convictions.
However, a crucial part of this federal law allows states to “opt out” of the ban or “modify” it. This means that each state has the power to set its own rules for individuals with drug felony convictions. This flexibility at the state level has led to a wide range of rules across the country. While the federal government initially established a broad ban, the practical application of this ban is largely decided by individual states. This creates a situation where access to a basic need like food assistance can vary significantly based solely on where someone lives, rather than a consistent national policy. This decentralized approach can make it more challenging for individuals to understand and navigate the system and for advocates to push for uniform changes nationwide. Today, most states—49 states and the District of Columbia—have either fully opted out of the ban or modified it, recognizing the importance of food access for successful reintegration into society.
How Food Stamps Work: General Rules for Everyone
Beyond any rules related to past convictions, SNAP eligibility is based on a household’s income, resources (like money in the bank), and other general requirements. The amount of benefits a household receives is calculated based on its size and income, with the expectation that households will use about 30% of their net monthly cash income to buy food. It is also important to know that these general eligibility requirements are updated every year.
Income and Household Size: Do You Qualify?
To qualify for SNAP, most households must meet two income tests: a gross income test and a net income test. Gross monthly income is a household’s total income before any deductions are taken out, and for most households, it must be at or below 130% of the federal poverty level. Net monthly income is what’s left after certain allowed deductions are subtracted, and it must be at or below 100% of the federal poverty level. Households that include an elderly or disabled member often have different rules and may not need to meet the gross income test.
Some states use what is called “categorical eligibility.” This means that if a household already participates in other assistance programs, such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or General Assistance (GA), they might automatically qualify for SNAP. This pathway can sometimes come with higher income limits or even remove the asset test altogether. The use of both gross and net income tests, along with categorical eligibility options, shows a careful approach to determining who needs help. The gross income test acts as a broad first check, while the net income test, which allows for specific deductions, recognizes that certain expenses reduce a household’s actual money available for food. Additionally, automatically qualifying those already on other federal aid programs helps streamline the process, ensuring that households already identified as low-income do not face unnecessary barriers. This layered system aims to ensure that the program effectively reaches those truly in need while also making the application process smoother for some. It is also worth noting that income limits are higher in states like Alaska and Hawaii due to higher costs of living.
Here are the general SNAP income eligibility limits for most households in the 48 contiguous states, the District of Columbia, Guam, and U.S. Virgin Islands:
SNAP Income Eligibility Limits (October 1, 2024 – September 30, 2025)
| Household Size | Gross Monthly Income (130% of Poverty) | Net Monthly Income (100% of Poverty) |
| 1 | $1,632 | $1,255 |
| 2 | $2,215 | $1,704 |
| 3 | $2,798 | $2,152 |
| 4 | $3,380 | $2,600 |
| 5 | $3,963 | $3,049 |
| 6 | $4,546 | $3,497 |
| 7 | $5,129 | $3,945 |
| 8 | $5,712 | $4,394 |
| Each additional member | +$583 | +$449 |
Source: U.S. Department of Agriculture (USDA)
When it comes to assets, like money in a bank account, there is a traditional limit (for example, $3,000 for the fiscal year 2025). However, this limit can be higher for households that include an elderly or disabled member. Many states have also adopted “broad-based categorical eligibility” (BBCE), which allows them to match their SNAP asset limits with those of their TANF programs, often meaning that the asset test is removed entirely.
Work Rules: What’s Expected?
Most adults between the ages of 16 and 59 who are able to work must meet certain general work requirements to receive SNAP benefits. These requirements typically include registering for work, participating in work or training programs if assigned by their state SNAP agency, accepting suitable job offers, and not voluntarily quitting a job or reducing their work hours below 30 a week without a good reason.
However, some groups are exempt from these general work requirements. These include individuals already working at least 30 hours a week (or earning wages equal to the federal minimum wage multiplied by 30 hours), those meeting work requirements for other programs like TANF or unemployment compensation, people caring for a child under six or an incapacitated person, individuals unable to work due to a physical or mental limitation, those regularly participating in an alcohol or drug treatment program, or students studying at least half-time (though college students have their own specific rules).
There are also additional work requirements for “Able-Bodied Adults Without Dependents” (ABAWDs). If an adult is between 18 and 54 years old, able to work, and does not have any dependents, they might need to meet extra work requirements to receive SNAP for more than three months in a three-year period. To meet this rule, they must work at least 80 hours a month (this can be for pay, for goods or services, unpaid, or as a volunteer), participate in a work program for at least 80 hours a month, or do a combination of work and program hours totaling 80 hours a month. This dual system of general work requirements and stricter rules for ABAWDs shows a policy that balances providing a safety net with encouraging self-sufficiency. The higher demands and time limits for ABAWDs suggest a stronger expectation for these individuals to quickly become fully independent, potentially to manage program costs and encourage faster re-entry into full-time employment, while offering more flexibility for those with caregiving responsibilities or disabilities.
Exemptions from these ABAWD rules include individuals unable to work due to a physical or mental limitation, pregnant individuals, those with someone under 18 in their SNAP household, veterans, people experiencing homelessness, or those aged 24 or younger who were in foster care on their 18th birthday.
The Federal Law: Where the Ban Began
The federal government passed a law in 1996, as part of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), that put a lifetime ban on people with a drug-related felony conviction from receiving SNAP and TANF benefits. This ban was specifically for drug felonies and did not apply to other types of felony convictions.
However, a key part of this law was a provision that allowed states to “opt out” or “modify” the ban through their own state laws, without losing any federal funding. The fact that the 1996 federal ban included this opt-out clause suggests an early understanding of the potential for unintended negative effects, or it may have been a necessary compromise during the law’s passage. If the federal intention was a rigid, universal punishment, such a provision would likely not have been included. Its presence has directly led to the varied state laws we see today, where the impact of the federal ban differs significantly from one state to another.
State by State: How Rules Change for Felons
Because of the opt-out provision in the federal law, the rules for felons getting food stamps vary greatly depending on the state. A significant majority of states—49 states and the District of Columbia—have chosen to either fully opt out of the ban or modify it. As of current information, South Carolina is the only state that still imposes a full lifetime ban on SNAP benefits for drug felonies.
States that have modified the ban have adopted various approaches:
- Full Opt-Out: Some states have completely removed the ban, meaning individuals with drug felony convictions are eligible for SNAP if they meet all the other general program requirements like income and work rules.
- Modified Bans: Many states have put specific conditions on eligibility. These can include:
- Waiting Periods: A set amount of time that must pass after a conviction or release from prison before someone can apply for benefits.
- Treatment Requirements: Requiring individuals to participate in an approved drug treatment program to regain eligibility.
- Compliance with Parole/Probation: Requiring proof that the individual is following the terms of their supervision.
- Specific Conviction Types: Limiting the ban to only certain classes of drug felonies. For example, in North Carolina, people with Class G and higher felony drug convictions face a lifetime ban, while those with Class H and I convictions have a temporary ban that can be lifted after a minimum of six months if they comply with requirements like drug treatment.
An example of a state with a modified approach is Nebraska. Initially, Nebraska law prohibited individuals with certain drug convictions from receiving SNAP benefits. However, recent amendments have removed the lifetime ban if individuals have completed their sentence or are serving a term of parole, probation, or post-release supervision. For those with three or more felony convictions for possession or use, eligibility is granted only after participating in an approved substance abuse treatment program while incarcerated or on probation/parole following their most recent conviction. This approach aims to support individuals struggling with addiction while also ensuring access to food assistance for those who may not require treatment.
Here is a general overview of how states approach the SNAP drug felony ban:
State Approaches to the SNAP Drug Felony Ban (General Overview)
| Category | Description | Number of States/Districts |
| States with No Ban | These states have fully removed the federal ban, allowing individuals with drug felony convictions to be eligible if they meet other general SNAP requirements. | Approximately 28 states |
| States with Modified Ban | These states have conditions on eligibility, such as waiting periods, mandatory drug treatment, or compliance with parole/probation. The ban may also apply only to certain types of drug felonies. | Approximately 21 states |
| States with Full Lifetime Ban | This state still imposes a complete lifetime ban on SNAP benefits for people with drug felony convictions. | South Carolina (1 state) |
Source:
Why This Matters: The Impact of the Ban
Denying SNAP benefits to people with drug convictions can lead to serious problems, especially food insecurity, which means they do not have reliable access to enough affordable, nutritious food. A significant number of individuals—91%—face food insecurity when they are released from jails and prisons. When such a high percentage of formerly incarcerated individuals face food insecurity, and a portion of them are drug felons potentially barred from SNAP, the ban directly worsens an already difficult situation. Food insecurity is known to be connected to poorer health and makes it harder for people to find and keep jobs. This means the ban, rather than serving as a deterrent or punishment, actively hinders successful re-entry by taking away a basic need, potentially pushing individuals back into desperate circumstances or criminal activity just to survive. This situation suggests that the policy may produce outcomes that are counterproductive to societal well-being and public safety.
The ban also creates significant challenges for individuals trying to rejoin society, making it much harder for ex-offenders to focus on finding jobs, securing housing, and accessing other necessary resources. Evidence even suggests that the SNAP drug felony ban increases the likelihood of people being re-arrested and sent back to prison. If the purpose of the ban was to deter crime or serve as a punishment, its observed effect of increasing re-arrest and re-incarceration rates indicates it may not be working as intended. Re-incarceration is costly for taxpayers and disrupts communities. By denying basic food security, the policy may create an environment where individuals are more likely to resort to desperate measures, undermining their efforts at rehabilitation and placing a greater strain on the criminal justice system. This suggests that the policy, rather than reducing crime, could inadvertently contribute to a cycle of repeat offenses, contradicting its implied goals and imposing significant costs on society.
Furthermore, the ban has an unequal impact on certain groups, particularly African Americans and women. Black households are more likely to experience food insecurity in general, and African Americans are convicted of drug offenses at much higher rates than White Americans, even though drug usage rates are similar. This means the ban disproportionately reduces access to SNAP benefits for Black individuals and their families. Women are also more likely to commit drug crimes and be incarcerated for them. Many women convicted of drug felonies are mothers, and while the law states that a mother’s ineligibility should not affect her child’s ability to receive benefits, the loss of food assistance impacts the entire household, leading to poorer health outcomes and delayed development for children. The disproportionate impact on African Americans and women highlights a systemic issue where a policy, which might seem neutral, actually worsens existing social inequalities. It interacts with existing racial and gender biases within the justice system, deepening disadvantages for certain communities and female-headed households. The ripple effect on children demonstrates that the “punishment” extends beyond the individual, creating intergenerational food insecurity and health disparities, which goes against the broader public health goals of SNAP.
Looking Ahead: Efforts to Change the Law
There are ongoing efforts to change the federal law and end the drug felony ban. The RESTORE Act of 2023 is a bipartisan bill that aims to end the federal lifetime ban on SNAP benefits for people with drug felonies. If this act becomes law, it would allow individuals to focus on finding jobs, securing housing, and getting other resources without the constant worry of where their next meal will come from. The act would also give states the option to allow people to apply for SNAP benefits 30 days before their release from prison, which could provide crucial support during the difficult transition period.
There is strong support to include the RESTORE Act in the larger Farm Bill, which is a major piece of legislation that affects food and agriculture programs across the country. Although Congress missed its 2023 deadline for passing a new Farm Bill, efforts to include this important reform continue. The bipartisan support for the RESTORE Act and its potential inclusion in the Farm Bill indicates a growing understanding that the current drug felony ban is not only ineffective but also counterproductive. Ending the ban is increasingly seen as a practical step towards improving public health and reducing the likelihood of people committing new crimes. The push to integrate this reform into a comprehensive agricultural policy bill suggests a more holistic approach to ensuring food security and supporting successful re-entry into society.
How to Apply for Food Stamps: Your Next Steps
If you are a felon and believe you may be eligible for SNAP benefits, the most important step is to apply in the state where you currently live. Each state has its own application form and process, which can often be completed online, by mail, or in person at a local SNAP office. The fact that each state has its own application process, rather than a single national standard, can create an additional hurdle for individuals, especially those who may move across state lines after being released from prison. This lack of a uniform system, while allowing states to tailor programs, can delay access to critical food assistance when people need it most, as they navigate new bureaucratic requirements.
Here are the general steps you can expect when applying for SNAP:
- Gather What You’ll Need: You will typically need to provide proof of your identity, date of birth, Social Security Number, citizenship or immigration status, information about your employment and income, and details about your household expenses (like rent, utilities, and medical bills).
- Criminal Background: Be aware that some states may require information about your criminal background, including probation, parole, or felony convictions, for verification purposes. This information is used to check against any state-specific drug felony bans and to ensure compliance with parole or supervision terms.
- Submit Your Application: Follow your state’s specific instructions for submitting your application, whether online, by mail, or in person.
- Interview with a Case Manager: After submitting your application, you should expect an interview with a case manager. This interview is usually done by phone or in person, and it’s a chance to review the information you provided.
- Provide Verification: You will need to provide proof (verification) of the information you submitted. This is often requested within 10 days of your interview.
- Receive a Decision: State agencies typically process applications and notify you of your eligibility within 30 days. Some households may qualify for expedited benefits, meaning they could receive assistance within 7 days if they have very low liquid resources and income.
For individuals with felony records, especially drug-related ones, it is particularly important to be prepared for specific questions about their conviction, whether they have completed their sentence, their parole or probation status, or if they are participating in any required treatment programs. These questions will depend on the specific laws in their state. It is crucial to be honest and provide all requested documentation related to your criminal background, as states will verify this information.
Getting Help and More Information
The most accurate and up-to-date information for your specific situation will always come from your state’s SNAP agency. You can usually contact them by visiting a local SNAP office, checking your state agency’s website, or calling their toll-free SNAP information hotline.
Additionally, many advocacy and support organizations work to help individuals navigate these rules and push for changes to the ban. Groups like the Drug Policy Alliance and local justice advocacy organizations often provide valuable resources and support for people seeking food assistance after a felony conviction. The presence of numerous advocacy groups actively campaigning to end or modify the SNAP drug felony ban highlights that the policy is widely seen as unjust and creates practical barriers to re-entry. Their advocacy, often citing the negative impacts on food security, successful reintegration, and disproportionate effects on certain communities, suggests a growing agreement that supporting successful re-entry benefits society as a whole, rather than just the individual.
Ultimately, access to food is a basic human need and should not be used as a form of ongoing punishment after someone has served their time.