california medical card: unseen consequences.

[pineappaloupe]

i am in a med card county in cali. i dont have my card yet because of two issues.
first, i am pursuing a career that may end up in government fork (USFS or USGS). i heard that if you have a medcard, you will not get any job wich those agancies.
which bring up another point: patient confidentiality.
how many government organizations have access to the card holders database?
another issue potentiall is insurance. insurance companies could automatically deny people with med cards.

im in a predicament because i want to legally obtain my medicine that i grow. i dont plan to ever have to worry about the 'legal limits' of growing and posesssing.


any ifno would really help me out.
peace

 

[Citizens Aux PD]

Best to assume that all government agencies have access to all government databases.
If you're healthy enough to work for the USFS or USGS and you need the money, then steer clear of the med card. Grow discreetly. Find a piss-test buster (clean urine, etc) ahead of time because you will be tested for the job and randomnly during your employment.

Forget about patient confidentiality; it's about as meaningful as a public defender.

 

[mars2112]

^^wondering where you got this info citizens aux PD?

pineappleloupe, MMJ patients in CA are afforded the same confidentiality as other patients. govt agencies don't have access to the OCBC cards. patients with cards that are issued through a health dept (like in SF for example) are protected. but, you don't actually need the card. the card just gives you access to dispensaries. if you grow your own medicine, your legal doctor recommendation is all you need. just make sure to renew it when it expires. the clubs/co-ops like the cards because it's easy for them to verify patients' status. if a patient wants to enter a club, the staff doesn't have to call each doctor, they can just look at their card. but if you grow your own medicine, and don't plan to visit dispensaries/co-ops, you don't really need the card.

but just so you know, patients still have confidentiality. having an OCBC card or even your recommendation doesn't mean you can't work for a govt agency.

failing an employment drug test is an entirely different issue, btw.

 

[Guest]

Unless the records are released by FEDERAL court order.

In San Fran.. State card info is destroyed once a card is issued...but that's not a State requirement, it's one that county has chosen. Some other counties have different implementation rules about record keeping...and most don't have any policy...yet. (Not all health depts. are planning to do what SF health dept. has done to insure confidentiality).

I know the card is optional....and I really don't think any FED agency would actually attempt to obtain the patient info.

It just looks really, really bad for the DEA to try to arrest a 100,000 Seriously Ill patients....

I'm not worried. And having to avoid court because a LEO couldn't verify my recommendation when pulled over with cannabis....is well off set by having a State Card that can be verified with the dispatcher 24/7.

Sort of a get outta jail free card for incidental "love fests" with the law.

 

[coolx]

According to medicann, there is a law that authorizes the feds to be able to look at your info specifically to bust you for medical pot. I'll look at the pamphlet when I get a minute and post the law. I just renewed and saw it last week. (I don't know if it's BS to promote their own - medicann's - id card, but personally I wouldn't get a state card.

 

[leroymmj]

MediCann Legal FAQ

Q. What are the laws that allow the use of medicinal marijuana in California?
Proposition 215 Compassionate Use Act of 1996, also known as the Health and Safety Code Section 11362.5 and State Bill 420, passed in 2003.

Q. Can a physician legally recommend marijuana in California?
Yes. Physicians are legally allowed to recommend, but not prescribe, medicinal marijuana to qualified patients, as specified under prop.215 and SB 420. As stated by Chief Judge Walters in Conant vs. Walters, in Opinion, section II second paragraph, a physician may not aid and abet in " . . .the purchase, cultivation, or possession of marijuana . . ."

Q. Is it legal if I have a physician's recommendation to use/carry/smoke medicinal marijuana?
SB 420 states that: "(e) No person or designated primary caregiver in possession of a valid identification card shall be subject to arrest for possession, transportation, delivery, or cultivation of medical marijuana in an amount established pursuant to this article, unless there is reasonable cause to believe that the information contained in the card is false or falsified, the card has been obtained by means of fraud, or the person is otherwise in violation of the provisions of this article."
However, under federal law possession of medicinal marijuana is a misdemeanor.

Q. What medical conditions can medicinal marijuana be legally recommended for in California?
According to prop 215 Compassionate Use Act of 1996 Health and Safety Code Section 11362.5, Physicians may legally recommend to qualifying patients, medicinal ". . . marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. . ."

Q. Can physicians provide medicinal marijuana for patients?
No. Physicians may legally recommend medicinal marijuana for qualifying patients, but they may not prescribe nor provide it.

Q. Can I grow my own marijuana if I have a physician's recommendation?
SB 420, section 11362.77. states that qualified patients and primary caregivers may " . . .maintain no more than six mature or 12 immature marijuana plants . . ." However, the physician may legally recommend that certain qualified patients need more. Counties and cities may set guidelines exceeding, but not reducing, the state limits.

Q. If I have a physician's recommendation, can I sell or distribute marijuana?
No. Patients and caregivers may be legally arrested and prosecuted by state officers for selling and/or distributing marijuana.

Q. Is a physician's recommendation legal throughout California?
Yes. It is legal under prop. 215 and SB420. However different cities and counties have their own guidelines regarding dispensaries and the maximum amount of medicinal marijuana patients may possess and cultivate.
Medicinal marijuana is not legal under federal law.

Q. Is a California physician's recommendation legal in other states?
No. However, certain other states have their own medicinal marijuana laws.

Q. Is a physician's recommendation legal federally?
No. Under federal law, possessing medicinal marijuana is a misdemeanor.

Q. Where can I legally ingest medicinal marijuana?
SB 420, section 11362.79. states that patients may not ingest medicinal marijuana:
"(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation
center, or youth center, unless the medical use occurs within a
residence.
(c) On a school bus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat."

Q. I’ve heard a lot about a case involving medical marijuana patients called Raich v. Ashcroft. What happened in Raich v. Ashcroft?

Raich v. Gonzales* involved two patients who used medical marijuana: Angel McClary Raich (Raich) and Diane Monson (Monson). Raich was diagnosed with more than ten serious medical conditions, including an inoperable brain tumor, life-threatening weight loss, a seizure disorder, nausea, and several chronic pain disorders. Monson suffered from a degenerative spine disease that caused constant, painful muscle spasms. Both had tried conventional medical treatments under a physician’s supervision with no success and needed medical marijuana to treat their conditions. Raich’s physician, in fact, stated that foregoing medical marijuana could result in Raich’s death.

Raich needed the assistance of two caregivers to cultivate medical marijuana. Monson cultivated her own. In August 2002, local law enforcement officials and DEA agents raided Monson’s home and destroyed her cannabis plants, claiming that she violated the Controlled Substances Act, the federal law that makes marijuana an illegal drug. Fearing future raids and the possibility of losing access to life-saving treatment, Raich and Monson sued the federal government in District Court and asked the court to grant a preliminary injunction (1) declaring the Controlled Substances Act unconstitutional for medical marijuana purposes and (2) prohibiting the enforcement of the Controlled Substances Act for patients in need of medical marijuana.

The District Court denied Raich and Monson’s request. On appeal, the Ninth Circuit overturned the District Court’s denial, finding that Raich and Monson’s “interstate, noncommercial cultivation, possession and use of marijuana for personal medical purposes on the advice of a physician in accordance with state law” was legal, and that the Controlled Substances Act, as it applied to them, was unconstitutional. The Ninth Circuit ordered the entry of a preliminary injunction consistent with that finding.

The federal government appealed Raich v. Gonzales* to the Supreme Court of the United States, which heard the case and issued an opinion on June 6th, 2005. For more information, go to http://www.mpp.org/raich/

* Alberto Gonzales replaced John Ashcroft as US Attorney General on 2/03/05

Back to Top


--------------------------------------------------------------------------------

MediCann ID Card FAQ

MediCann does not issue ID Cards. We include this FAQ for patients that may choose to apply for an ID Card.

Q. What is the medicinal marijuana ID Card program?
The ID Card program addresses the issues of: refining and extending the legal protection of patients, creating statistical (confidential) data about how many qualifying patients need medical marijuana, and in fostering the development of a plan for the ". . . safe and affordable distribution of marijuana to all patients in medical need."

Q. What are the benefits of the Medicinal Marijuana ID User Card Program?
Many users of Medical Marijuana believe that a valid Medical Marijuana ID Card offers legal protection. However, the protections contained in Proposition 215 are limited. Users of Medical Marijuana and caregivers of patients who use Medical Marijuana should study the law thoroughly to make certain that their activities are covered. It should be noted that the federal government does not recognize the California law about Medical Marijuana use. If the are any questions about legal protections provided by Proposition 215, an attorney should be consulted.

Q. Do recommended patients have to get a medical marijuana card?
No. Enrollment in the Medical Cannabis User ID Card Program is completely VOLUNTARY. The program is a service to patients who wish to have the convenience of a credit card-sized photo ID card that indicates they qualify as a medical marijuana user or primary caregiver under Proposition 215.

However, many dispensaries require cards. Some patients who have caregivers and/or are providing their own medical marijuana, choose not to have medical marijuana cards.

MediCann suggests that all patients--especially those patients who do not wish to have cards--should carry their recommendation with them at all times.

Q. Can I still qualify as a medicinal marijuana user or a primary caregiver under Proposition 215 if I choose not to enroll in the Medicinal Marijuana ID Card Program?
Yes. If you choose not to enroll in any card program you can still qualify as a medical marijuana user under Proposition 215 by having a recommendation for medical marijuana use from your physician, and you can qualify as a primary caregiver if you have been designated by a medical marijuana user, and as stated in SB420 "has consistently assumed responsibility for the housing, health, or safety of that patient or person . . ." The medicinal marijuana ID card offers a convenient way for you to show law enforcement or other officials that you qualify under Proposition 215, but it is not the only way to show law enforcement that you qualify.

Q. What information will the Medicinal Marijuana ID Card Programs keep on file?
To give strong protection to physician and patient confidentiality, all records and forms you submit will be returned to you once your ID card application has been processed. SB20 states that protocols " . . .shall be used . . . to protect the confidentiality of program records." If you are issued an ID Card, the program will keep on file the number of your card, the date the ID card was issued, and the date the ID card will expire. Law enforcement officials will be able to contact the County Health Department to verify the card number, date of issuance and expiration of issued medical cannabis ID cards.

Q. Will an ID Card protect me from being arrested for using/carrying medicinal marijuana?
SB 420 mandates a state-wide, STATE AUTHORIZED cards system. The state Id Card will immune patients from arrest by a state or local law enforcement agency as long as the officer does not have reason to question the validity of the card and the user is within legal mandates. SB 420 states that "A state or local law enforcement agency or officer shall not refuse to accept an identification card issued by the department unless the state or local law enforcement agency or officer has reasonable cause to believe that the information contained in the card is false or fraudulent, or the card is being used fraudulently."

Because the State Department of Health Services was slow in implementing the card system, local jurisdictions began issuing ID Cards in order to facilitate the resources of their law enforcement agencies regarding medicinal marijuana cases. These cards are not recognized by state law enforcement (i.e. California Highway Patrol) because they are not STATE AUTHORIZED cards.

Q. How long will the Medicinal Marijuana ID Card be valid?
As stated in SB420 "An identification card shall be valid for a period of one year." SB420 further states that card holders must annually submit
"(A) Updated written documentation of the person’s serious medical condition.
(B) The name and duties of the person’s designated primary caregiver, if any, for the forthcoming year.
. . . If a person who possesses an identification card fails to comply with this section, the card shall be deemed expired."

Q. What do I need to do to get a new card if my card expires, or if it is lost or stolen?
Because the program will not have your name, your contact information, or any copies of your physician’s statement and other forms in their files, you will need to present your original physician's recommendation and a valid state or federal ID, complete a new application, and pay the application fee if your card expires, or is lost or stolen.

Q. Is a Medicinal Marijuana ID Card valid outside of my county?
Obtaining a Medical Marijuana User ID card means a Licensed California Doctor fills out a Physicians statement on your behalf. It is up to each law enforcement agency in each different jurisdiction whether they will accept your Medical Marijuana User Card. Users of Medical Marijuana and caregivers of persons who use Medical Marijuana should study the law thoroughly to make certain that their activities are legally protected.

Q. Are there different kinds of medical marijuana cards?
Yes. There are state cards, and there are cards created by local agencies. As mandated by California civil code (Senate Bill 420), the state has now begun a card program in some California counties. The state card program is expected to expand, and may involve some local agencies, including those listed below. The state card identifies the patient to state law enforcement agencies and officers.

The potential drawback to any card system is that identifying patient information may be subject to federal subpoena. In response, many local card issuers do not record identifying patient information. However, local agency cards are widely accepted by dispensaries in their areas. As previously stated, these cards are not recognized by state law officers and may not be effective outside of their local jurisdiction.

Humboldt County Department of Health and Human Services
http://www.co.humboldt.ca.us/health/default.asp?pg=contact_info