I am a teacher that is credentialed in the State of
California. I have used marijuana for years, both recreationally and to
help with anxiety and insomnia. I would like to get a medical card and
know some other teachers who have done so. However, I am very paranoid
about the fact that federal law still prohibits this, even if a state
tolerates it. I am concerned that my name would be on a "list" that may
prevent me from getting future credentials elsewhere in the US. How
worried should I be about this and should I just continue to get my
supply from a friend?
Mr. Green
Got a friend who just got his rec. He’s now slightly nervous about
how it’s tied to his driver’s license number. I went through this too
and convinced myself it wasn’t an issue, but can only offer vague
reassurances. Convince him that the following is not possible:
1) he gets pulled over for speeding; 2) cop runs his license; 3)
cop comes back to the car and spills the beans to his wife about how
he’s a "pothead."
For a Friend
I talked to two marijuana lawyers and the gist of it is this: The law
is on your side when it comes to the privacy of your medical records,
but don’t accidentally out yourself by failing an employer’s drug test,
getting a DUI, or Facebooking pictures of nugs.
A bit of quick background: You need a valid doctor’s recommendation
to lawfully possess and grow marijuana in California. Those with a
recommendation can also get a voluntary California state medical
marijuana patient identification card.
Let’s start with the issue of privacy at a doctor’s office or clinic,
where you’ll get your recommendation. "Technically, a doctor’s
recommendation for medical marijuana is very private, since HIPAA [the
Health Insurance Portability and Accountability Act] makes it nearly
impossible for even law enforcement to obtain private patient records,"
wrote Joe Elford, staff lawyer for medical marijuana group Americans for
Safe Access, in an email.
According to Bay Area marijuana attorney Lauren Vazquez, patients who
see their primary care provider, a specialist, or a doctor at a
marijuana clinic are also protected under very strong doctor-patient
confidentiality statutes. "Whatever you say in the doctor’s office is
completely private, and there really is no way to get that data," she
said. "Doctors aren’t allowed to give that information out to anybody"
