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Background Checks?

Discussion in 'Medical Marijuana Usage and Applications' started by PotShotter, Aug 24, 2008.

  1. #1 PotShotter, Aug 24, 2008
    OK, so I've been incredibly frustrated in my search for a dealer recently and then by good grace came across a physician ad in the paper that says it will get everything straight as far as the legal end goes and getting your card. I called and everything, seems legit.

    Anyways, I was wondering, if a job was to do a background check before hiring you, would having a card show up? I have a clean record and I would pass a drug test if I had to so I really wouldn't want this on my record and would potentially keep me away from getting a card.

    Anyone know? I would think it's illegal for a background check to inquire on what medicines you are taking but this might not fall along that line.

    Thanks for any help.
     
  2. #2 floating_by, Aug 25, 2008
    I'm not in CA, so forgive me if I mis-speak. I believe the Americans with disabilities act prevents employers from trying to force a person to disclose information about one's health. I would think that unless you were involved in some sort of court situation where the court subpoenad your doc and your records, that medical records are indeed private. I'm not sure how the cards work out in California. Seems to me they would be a matter of public record?
    For that reason, if it were me, I would try to get a recommendation from a doctor. I would think it would still be "private" and part of your medical records? As I understand it, the recomendation is what is "legit" no matter what. I've seen a number of people say keep that and your i.d. in your wallet. Hopefully someone that has a more CA-specific experience can chime in.
     
  3. #3 IglooBuds, Aug 25, 2008
    Having a med-card is the same (in terms of job getting) as having a prescription to any other drug
    I believe that they legally cannot discriminate against you just because you have a prescription to a certain type of medicine...
     
  4. #4 Sam_Spade, Aug 25, 2008
    Unless you've had legal issues with medical marijuana (and have had them susbsequently rectified), your MMJ use will not show up on either a credit check or a criminal background check.

    As I understand it, if it's an issue, it would be useful to give them access to that portion of your medical records. Otherwise it is entirely confidential.
     
  5. #5 PotShotter, Aug 25, 2008
    Thank you all for the help, now to read the stickies and figure out how I want to do this. Thanks.
     
  6. #6 NorCal_Cyclist, Mar 27, 2010
    I don't know if the CA State card would show up or not, but as a resident of CA, I do know that your job is NOT protected by your card or the disabilities act due to the fact the Feds still consider it illegal. That's why you get a "recommendation" and not a "prescription" for your MMJ (Controlled Substances Act - Sched. 1 drug). I also know that due to the current Fed status and lack of real 'script from your Doc, this is not coverred by HIPAA.

    Sorry I did not directly answer your question, but I hope I provided some other things to think about.
     

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