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.
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