A medical cannabis card can have several benefits for patients. With a medical card, patients have access to a range of cannabis products and a level of protection from criminal prosecution, allowing patients to use cannabis free from interference from law enforcement.
Many patients may wonder, however, if having a medical cannabis card has drawbacks. They might also wonder if their medical card on a background check will be a problem. Fortunately, in most cases, the answer is no. State and federal laws generally protect medical cannabis patients’ privacy rights and prevent such information from being shared without authorization.
Additionally, depending on the focus of the background check, a person’s status as a medical cannabis patient may not be relevant and, thus, not be investigated. Many background checks do not consider an applicant’s medical information, so a patient’s status as a medical cardholder is not an issue.
HIPAA and Patient Privacy
Under the federal Health Insurance Portability and Accountability Act (HIPAA), medical information is protected from disclosure without a patient’s consent. This includes an individual’s status as a medical cannabis patient and medical card holder.
HIPAA violations can have serious consequences for individuals and organizations. Penalties include fines and potential criminal prosecution.
Although HIPAA’s protections are robust, there are some circumstances under which medical information can be released to law enforcement. For example, medical records can be released to help identify a suspect or missing person after a crime has occurred. They can also be released when requested to protect national security.
Your Medical Card on a Background Check: Privacy Protections
In addition to the federal protections offered by HIPAA, all states that have legalized medical cannabis have some privacy protection that vary from state to state.
Medical cannabis states have different rules regarding who may access the state’s medical cannabis registry. While some states have strict regulations, others allow law enforcement or other agencies to view such information.
In Texas, law enforcement officers can access the Compassionate Use Registry of Texas (CURT) to verify an individual's status as a medical cannabis patient. However, law enforcement is not given open access to the registry, preventing them from simply scrolling through the list of patients. Other states, including Colorado, Florida, Illinois, Louisiana, Massachusetts, Michigan, New Mexico, New York, and Ohio, have similar systems.
In California, law enforcement officers can verify a state-issued medical cannabis card by number. The database allows an officer to verify the patient’s photograph and that the card is valid, but no other patient information is accessible on the database.
In states that do not require patients to register with the cannabis regulator, patient information is not stored on a state database. Some cannabis dispensaries will maintain a patient database, although patients can request that their information be removed after each visit.
While a medical card is unlikely to appear on a background check, some jurisdictions protect patients from harm when their status is known. Some states have laws that explicitly protect medical cannabis patients from discrimination in the workplace, while others offer limited or no protection. In some states, employers may be able to refuse to hire or fire someone based on their medical cannabis use.
Similarly, some states have laws protecting patients from housing discrimination based on their medical cannabis use. Some states also offer protections from discrimination in other areas, such as housing, education, and child custody. Each state's cannabis regulator provides detailed information about the medical cannabis laws and regulations in its jurisdiction.
Types of Background Checks
Background checks are conducted for several reasons, including employment, tenant, and federal background checks. However, since most of these checks do not include medical information, a person’s status as a medical marijuana card holder is unlikely to show up on most background checks.
Employment Background Checks
Employment background checks are usually focused on verifying prior employment, criminal record checks, and, in some cases, the results of drug tests. Most employment background checks do not delve into medical history, so an applicant’s status as a medical cannabis patient is generally not relevant. A drug test, however, can reveal that a patient has been using cannabis.
In some states, patients are protected from discrimination based on the results of a drug test, so a positive test may not automatically disqualify an applicant. In states without such protections, patients can protect their privacy by limiting their search to jobs that don’t drug test prospective employees.
Tenancy Background Checks
Property managers and landlords will often conduct background checks on prospective tenants. These background checks generally concentrate on the applicant’s credit score, rental history, and criminal record rather than medical history. As a result, having a medical cannabis card is not relevant to these types of background investigations.
Federal Background Checks
Federal background checks are conducted on individuals applying for federal employment or a security clearance. These checks are more comprehensive and look into an applicant’s employment, credit, and criminal records. However, a patient’s status as a state medical cannabis cardholder is unlikely to appear in federal records.
It is important to note that federal government employment policies prohibit workers from using illegal drugs. Because cannabis is still illegal under federal law, these policies apply to cannabis use. The federal government does not make exceptions for medicinal cannabis use, so federal workers whose use of cannabis is revealed through a drug test or other means are subject to termination.
While none of these background checks focus on medical history, it is important to note that many of these investigations reveal criminal records. Patients, even medical card holders, who have been arrested or convicted of a cannabis-related offense are likely to have such information included in a background check.
Some states that have legalized cannabis have also adopted legislation to expunge or seal criminal records of past cannabis-related offenses. Patients who take advantage of these opportunities can avoid such convictions appearing in criminal background checks.
Benefits of a Medical Cannabis Card
While the risk of a medical card appearing in a background check is small, the benefits of obtaining one can be substantial. Most importantly, perhaps, a medical card allows patients to use medical cannabis without the threat of arrest and to possess it in amounts consistent with state limits.
A medical card also permits patients to purchase cannabis products at regulated dispensaries. In most states that have legalized cannabis, products must be tested by an independent laboratory. These tests generally reveal the product's potency and certify that it is free of harmful substances such as pesticides, heavy metals, or microbial contamination, such as mold.
In states that have legalized cannabis for all adults, the possession and purchase limits are often higher for medical card holders than they are for recreational cannabis consumers. Some states also allow patients to use products that are more potent than those approved for the adult-use cannabis market.
Patients can also reap financial benefits from a medical cannabis card. In many areas, purchases with a medical cannabis card are subject to lower taxes.
Additionally, with protections such as HIPAA and state laws in place, a patient’s status is unlikely to appear on a background check.
The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.
