Medical Marijuana Card Holders

[JaySmith]

Technically medical records could be considered Personal Identifiable Information (PII) which companies may have a legal requirement to keep confidential.

Keep confidential from entities that don't also comply with HIPAA. As long as you agree with hipaa compliance you can send/sell that information to anyone else that agrees with hipaa compliance. It's a great big circle jerk

[knight0334]

[/B]
Unless your initials are Hunter Biden...



As I understand it, HIPAA only applies to medical professionals. People think they are protected from employers and other entities by HIPAA. I would not divulge confidential health info to an employer. They have an ethical responsibility, but no legal responsibility, to keep that information confidential.

That's why doctors write medical excuses/notes with wording like 'Joe was under my care.'

HIPAA really isn't a factor in the discussion because the MJ card is a license/permit issued by the state, not a doctor. A doctor just sign's off on eligibility.

A prescription from a doctor is different than a license from the state. That license is an exemption from what is otherwise illegal. And that licensing info is available to law enforcement. The Medical MJ card is basically the LTCF of possessing and using marijuana.

With the background check and your sworn statement on the application for a LTCF, SP4-113, or 4473 - firearms law is what matters. ...which being an unlawful user, whether under state or federal law, a person is prohibited. The PSP conduct the background check, and they have a duty to factor in federal law as part of the review. The Brady Bill allowed for states to choose whether to be the determining entity, or allowing the FBI to determine. If the state chose to be the judge, they still had to factor in federal law.

Until federal law on MJ is amended/repealed, and certain states' laws amended/repealed, MJ and firearms will be in conflict.

[DK23]

Keep confidential from entities that don't also comply with HIPAA. As long as you agree with hipaa compliance you can send/sell that information to anyone else that agrees with hipaa compliance. It's a great big circle jerk

True, but companies that are required to comply with HIPAA also conduct business with companies that aren't and therefore PII can still apply. I work in pharma/biotech and I am required to take training on both HIPAA and PII (and PHI).

[JaySmith]

True, but companies that are required to comply with HIPAA also conduct business with companies that aren't and therefore PII can still apply. I work in pharma/biotech and I am required to take training on both HIPAA and PII (and PHI).

Yup, I have annual hipaa and pii compliance trainings as well. Plus DMV. And credit reporting. They remind me that it's ok to check for a partner vendor, but looking up my neighbor because i'm curious is apparently crossing the line.

[Mosinshooter762]

Below is how the Oregon Supreme Court resolved this issue back in 2011. The court recognized that state law and federal law are different and a medical marijuana card and even use of medical marijuana was not a bar to get or hold a carry license. Because of differences in statutory language and interpretation, I am not saying that this would go the same way in Pennsylvania. I am just posting this to point out it is an unsettled issue here in Pennsylvania and in other states. Also, Federal law would still be a separate issue in terms of filling out Form 4473 at an FFL and in receiving, transporting, or possessing firearms in or affecting interstate or foreign commerce, as previously discussed here.

Medical marijuana cardholders can't be denied concealed gun license solely because they use pot, Oregon Supreme Court rules

The Oregon Supreme Court ruled this morning that Oregon sheriffs have no grounds to deny concealed handgun licenses to the state's 39,774 medical marijuana cardholders -- solely because they use pot.

Specifically, the high court said Washington County Sheriff Rob Gordon and Jackson County Sheriff Michael Winters were wrong to deny concealed handgun permits to four law-abiding medical pot users on the basis that doing so would violate the federal Gun Control Act. The act states that "an unlawful user ... of any controlled substance" can't own a gun. The sheriff's argued that the federal act trumps Oregon's 13-year-old medical marijuana law, which unlike federal law legalizes pot possession for patients with qualifying ailments and a doctor's approval*

https://www.oregonlive.com/news/2011...sends_mes.html

[cdi]

In the short term, the sheriff might just revoke your license to carry under the character clause.
All he needs to say is so sorry, pot heads need not apply.

[JenniferG]

As far as HIIPA goes, that's a joke. Any person that works in any doctor's office can access your information any time they want. I've had three different doctors since the Tower health debacle closing down the Brandywine hospital and closing the offices associated with it and in every case the office people when I showed up to the new doctor's office looked up my info without my permission or input, it was all there. Two of the offices were associated with different health systems that should have no access. Your information is easily accessible by people that shouldn't have access. I imagine it would be even easier by some bureaucrat looking to mess with you because you made them angry or because of your political affiliation.

Finding out if you have a Medical Marihuana card would be no sweat for any police department of government agency. It would probably less dangerous for people with a Medical Marihuana card than people on anti depressants to have access to firearms. The vast majority of the past 100 or more mass shooters that shot white people at schools, malls and movie theaters were all on psychotropic drugs and under the care of a mental health professional. Haven't heard much about potheads doing mass shootings. I think they are much more dangerous to themselves and their immediate surroundings because of lack of concentration rather than going off on some drug induced anger shooting spree like those on psychotropic drugs.

[KCJones]

I have no idea.

IF I smoked pot (hypothetically, of course) I'd far sooner buy it 'secondary market' (probably cheaper too) and nothing on the books.

So long as it remains federally-illegal / question on the form... Me, myself & I have bought nothing.

[steve_010]

I have no idea.

IF I smoked pot (hypothetically, of course) I'd far sooner buy it 'secondary market' (probably cheaper too) and nothing on the books.

So long as it remains federally-illegal / question on the form... Me, myself & I have bought nothing.

Another reason they want a digital currency.

[Walleye Hunter]

Another reason they want a digital currency.

I predict that a digital currency will create a new barter system.