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Employment coverage under CA 215 law?

Discussion in 'Medical Marijuana Usage and Applications' started by Junglism, Jan 19, 2010.

  1. #1 Junglism, Jan 19, 2010
    I'm currently covered under the Benefits coverage at my work, its a basic medical/dental plan that doesn't cover any specialized treatment.

    If I apply for a Medical Cannabis card, am I at risk of being let go if my employer looks into my medical background? Or are there clauses/coverages that don't allow employers to view that kind of personal material?

    Thanks in advance.
     
  2. #2 Zoom420, Jan 19, 2010
    Last edited by a moderator: Jan 19, 2010
    The CA Supreme Court has ruled that Med MJ does not protect you. Asininely, they ruled that the voters did not intent to protect MJ patients.

    Therefore, you can be terminated/refused employment if that is your employer's policy... and that is why we need full legalization.

    You do not need to have the government issued ID card and you can seek out a proper medical professional which will ensure you privacy from back ground check... but obviously drug test (or getting caught some how), etc could get you.

    Edit to add to add also.. and employer cant just see your medical records and that is not the normal course for most employment.
     
  3. #3 Junglism, Jan 19, 2010
    I should have clarified, I've been employed for 2 years, not a single drug test for any employee, can my employer access my medical history if I'm covered under the medical plan?
     
  4. #4 chris.c, Jan 19, 2010
    Last edited by a moderator: Jan 19, 2010
    Your employer does not have access to your medical records, nor would they have any way of knowing you have an MMJ recommendation (Although I would avoid getting a state card if you're really concerned about staying off the radar). However, if you were to fail a random drug screening by your employer, you could still be terminated regardless of your MMJ standing. This is the lack of protection that zoom was alluding to.
     
  5. #5 Junglism, Jan 19, 2010
    I understand Chris. Thanks for your input. :)

    I guess my biggest question then would be: what's the difference between having a card and NOT having a card in terms of being more low key? Wouldn't it be smarter to have a card in the event I'm pulled over or stopped so I have 24 hour proof of my recommendation? Or is it easier for me to get "caught" by my employer if I'm on the Card Database list? I guess I don't understand the importance of being low key if my employer can't find out (except in the event they drug test me). Would you mind clarifying that for me?

    Excuse my lack of knowledge on the subject I've been off the grid for quite some time with all of this.
     
  6. #6 JollyStoner, Jan 19, 2010
    Definitely better to have the card if you already smoke and plan on continuing smoking MJ as a medicine. Your employer would not know because that info is kept confidential at the MMJ doctor's office. There is no trace history of you going there and you just pay with cash ofcourse. The risks are the same in regards to losing your job though since a random drug test can get you in trouble with work.
     
  7. #7 Zoom420, Jan 19, 2010
    I got my doctors written rec, I found a good dispensary and they verified me and I go there.

    I dont have a state issued card.

    Its definately better to have your recommendation.
     
  8. #8 WildWill, Jan 19, 2010
    The voluntary state issued ID is the ONLY form of a recommendation that any LEO (CHP or police/sherrif) HAS to accept as a valid recommendation (after verification), and they are instructed to leave the patient 100% alone once it's verified. That is not the case with a written recommendation. WIth only a written (or oral, some folks do forget that oral recommendations are actually valid under the law) recommendation the LEO has the option of verifiying it or not, and also has the option of seizing your meds and issuing a ticket. NOW, you'll get the ticket thrown out in court and your meds returned, but it's a real hassle. PLUS then your MMJ patient status DEFINTIELY becomes a public record. Though unless you have a ton of meds or are doing something stupid, most times the LEO will verify you and let you alone.

    The state ID is a must for anyone who is growing, but I know club owners who don't even have one. In fact, out of all the patients I do know, I only know one guy who has the ID. He's a delivery guy and swears by it since he's always going from the grows to the clubs.
     
  9. #9 Junglism, Jan 20, 2010
    I don't plan on growing, but I do not want to get dragged to court over a legitimate medical use.

    That said, I understand the Card programs are on a per-year basis, but will I also have to renew my recommendation ever year too?

    It seems that would cost around $200 a year, no?
     
  10. #10 WildWill, Jan 20, 2010
    More or less, yeah you would have to renew both yearly
     
  11. #11 Saganist, Jan 20, 2010

    Costs vary. Most are between $90 and $250. My renewal is $120 and it seems that the cost are dropping across the board.
     
  12. #12 Zoom420, Jan 20, 2010
    you just need it to last until november.. you dont wanna be the LAST person convicted do you... ;)
     
  13. #13 chris.c, Jan 20, 2010
    Look around guys, my new rec was $65 and renewals are $45.
     
  14. #14 Junglism, Jan 20, 2010
    Yes but the question remains: did an MD or a DO write it? Or was it unlicensed?
     
  15. #15 JollyStoner, Jan 20, 2010
    I got mine for $50 as a holiday special, the price is now $70 and it was written by an MD.
     

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