Does anyone here have one or know much about them? I’m trying to put a guy to work that has one, but we aren’t sure if it will come up in a background check. He hasn’t used it in a while and has no issue with the drug test. He’s worried the future employer will see it and kick him to the curb.
Medical Marijuana Licenses
- Thread starter mcgrawfsu
- Start date
You think the preconceived internal belief an employer would have about something being right or wrong will overshadow the actual legality of it?
I have had that thought here in CO as I consider looking for work.
a medical card shouldn't get reported. Well...it didn't here in CA. Not that I would know...cough ...cough..
@Imtotallynottribe should have your answer, or probably knows someone in FL dept of health that can clarify.
My understanding is that registry is only available to specific physicians.
And the NSA.
He said he had to register it with the DMV or something like that. I wouldn’t think it would be part of a criminal record search, but I want to be certain.
Federal smederal.
We've had a number of discussions on the topic. If I work for a global company, and live in a state that allows, but the mothership doesn't (my exact situation) then how does the company view it? I haven't asked any new employee hires if they are tested during on boarding, but expect in CO they simply overlook it. I also haven't seen anyone drug tested since the state laws changed.
He’s not worry about being tested. He said he hasn’t smoked in months and what he had did not have THC. He’s more concerned about the fact he has a license coming up in a background check
381.987 Public records exemption for personal identifying information in the compassionate use registry.—
(1) A patient’s personal identifying information held by the department in the compassionate use registry established under s. 381.986, including, but not limited to, the patient’s name, address, telephone number, and government-issued identification number, and all information pertaining to the physician’s order for low-THC cannabis and the dispensing thereof are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
Seem to be on to something:
“Unfortunately, legal precedence thus far has supported the federal government’s stance on the gun issue. The 9th U.S. Circuit Court of Appeals has upheld a lower court finding that a Nevada plaintiff lacked standing to challenge a ban on buying a gun simply because she possessed a Nevada medical marijuana registry card.
The LA Weekly reports that this ruling cited a letter from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) stating that people who use marijuana, regardless of state law, are “prohibited by federal law from possessing firearms or ammunition.”
...
“When it comes to concealed carry and medical marijuana in Florida, licenses are suspended or revoked as soon as you obtain a medical card. For the time being, the question of “Can you own a gun if you had a medical card?” has been decided and the answer is an emphatic “No.”
Also not true.
However, it’s gets murky when PTSD is the diagnosis for a MMJ prescription. Big movement to make PTSD mental illness precluding not just CC but gun possession all together.
No, I believe it is true. The 9th Circuit has already ruled on that. You can't legally buy a gun if you have a MMJ card because the federal form asks if you use marijuana. You check yes, you can't be approved. You check no, you commit a felony. I am also pretty sure the Florida AG's office has echoed this already as the question came up immediately.
I raised having a CCP and wanting to obtain a medical marijuana license in FL and whether the bearer of the CCP would need to surrender it? I'm still not sure on that.
Purchasing a gun is a whole other topic. The 9th circuit ruling certainly applies on the federal level but the 9th doesn't preside over Florida. The question on federal form 4473 did create some uncertainty because it asks explicitly if you are "an unlawful user of, or addicted to". The form has been updated now to note that marijuana possession and use is unlawful on a federal level regardless of state law.
Before the form was updated, and with no definitions provided, a person could have reasonably answered "no" to that question if they reside in a state where it's lawful to possess or use pot and they reasonably believe they are not addicts.
The full question in and of itself goes much further than marijuana. It also includes "any depressant, stimulant, narcotic drug or any other controlled substance". I would hazard to guess that many gun owners have answered this question unlawfully without realizing it by the virtue of them not knowing the definition of being "addicted" and not realizing that certain prescription meds they take are classified as depressants or stimulants. I would hope there would be no confusion if a person was taking a narcotic or other controlled substance though.
