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[autox42]

Is that true? I've never heard of this, as I had thought that people with cards didn't get any of their info given to the government. Hence Hipaa and information privacy act or something along those lines

U are correct No info gets saved in any database unless you apply for a county card if u don't the only ones who have the info is u and ur prescribing doctor


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[RickD427]

Is that true? I've never heard of this, as I had thought that people with cards didn't get any of their info given to the government. Hence Hipaa and information privacy act or something along those lines

It is quite true that a user of marijuana (and I would have to think that possession of a card would establish a person as a user) is a prohibited person under federal law (refer to 18 USC 922). There are no provisions in federal law recognizing "medical" marijuana (excepting a previous test program that only had around thirty folks involved, and only four remaining as of 2012). Possession of a firearm by such a person is a felony.

There is no central database of persons who possess marijuana "recommendations" from their physicians. Please note that California law refers to "recommendations" rather than "prescriptions" because the net effect of many laws is that physicians are precluded from "prescribing" an illegal substance for their patients (remember that marijuana remains illegal, all that California did was to remove the sanctions for medical users). For a federal prosecution to proceed, the government would have to prove the element of being a user.

California law does provide a mechanism for counties to issue cards identifying persons as medical users. That information may be centralized and made available to law enforcement without regard to HIPAA. HIPAA imposes privacy requirements on medical service providers. It doesn't impose restrictions on data possessed by non-service providers like the county. Additionally, HIPAA contains numerous exceptions to its confidentiality provisions to permit medical service providers to communicate appropriate medical information to the government (like 5150 commitments).

[SNCaliber]

driving high regardless is still a DUI

[dustoff31]

Is that true? I've never heard of this, as I had thought that people with cards didn't get any of their info given to the government. Hence Hipaa and information privacy act or something along those lines

And that's the problem with not transmitting data to the government. Those entities are not covered by HIPPA.

But even if they were, it doesn't matter, HIPPA provides for release of the info without the patients consent for law enforcement purposes.

http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html

Law Enforcement Purposes. Covered entities may disclose protected health information to law enforcement officials for law enforcement purposes under the following six circumstances, and subject to specified conditions: (1) as required by law (including court orders, court-ordered warrants, subpoenas) and administrative requests

[kermit315]

And..........here we go.

First, as noted, the OP was asking about legality vice morality. If you want to talk about morality, start a thread (not in the LE forum) that can join the hundreds of other threads already here on the subject. The LE members here do not come into this forum so we can continue to see typical OT posts, we come in here to answer legitimate questions as well as chat amongst ourselves without all the bashing that usually happens in OT.

Second, while it is nice you can read your posts, they are a headache to follow for anybody that has taken a typing class. The space bar is your friend.

Third, if you are CA_Patriot, I hope Kes bans you again soon....your posting style doesn't fit exactly, but the high points are there.

[-hanko]

Is that true? I've never heard of this, as I had thought that people with cards didn't get any of their info given to the government. Hence Hipaa and information privacy act or something along those lines

When you fill out the 4473 in the gun store, you certify (under penalty of perjury) that you're not a user of marijuana. The issue is breaking federal law.

-hanko