Employment Background Screening

[Phantasm]

Hello all,

This question specifically pertains to those, such as myself, who live in a state that allows MMJ licenses.

I recently received a job offer and, of course, will have to go through a background check and a preemployment drug screening. I have a handle on the latter issue, but am wondering if my MMJ license will be discovered during the background check. My understanding is that "they" can only look for criminal offenses and things of that nature, and that my MMJ license won't be disclosed because it is a medical issue.

Can someone please give me some clarification on this? I live in the state of Colorado.

Thanks in advance!

 

[Weed420]

Kind of depends on what state you live in. MMJ patients are protected under the federal HIPAA laws. Its considered medical information and that can't be released without your written permission. So if they are adhereing to federal laws then they can not have that information and wouldn't be in a federal database anyways. All they will be looking for is your criminal background.

 

[Phantasm]

"MMJ patients are protected under the federal HIPAA laws."

That's what I thought too but, when you think about it, how does a federal law protect states' rights when our beloved plant is still illegal on the federal level?

What a mess. You try to do the right thing, the LEGAL thing, and there's a possibility it could end up screwing me and every other MMJ license holder...

 

[Weed420]

"MMJ patients are protected under the federal HIPAA laws."

That's what I thought too but, when you think about it, how does a federal law protect states' rights when our beloved plant is still illegal on the federal level?

What a mess. You try to do the right thing, the LEGAL thing, and there's a possibility it could end up screwing me and every other MMJ license holder...

I kind of misspoke there. Its not that MMJ patients are protected its that medical information itself is protected. So no one can get any medical information unless you sign a document allowing them to do it. Thats why its important to read the background check documents to see what you're signing.

 

[Phantasm]

Thanks again, Weed420. I reread all of the paperwork tonight, just to be certain, and I didn't sign anything pertaining to the release of medical information. I did, however, sign a form allowing them to do a credit check, and also to allow them to contact former employers, corporations, institutions, law enforcement, people, associates, et al, as it pertains to my character blah, blah, blah. At this point, I'd be shocked if my MMJ license turned up in their search and, quite frankly, I'd think I'd have the groundwork for a precedent setting lawsuit if it did. I wonder if it's bound to happen to someone sooner or later.

I've read of two cases in Colorado where defendants are entangled in legal battles involving their Amendment 20/64 rights: One has to do with a guy on probation who had his MMJ license taken away, and the other concerns an individual who was fired from their job for testing positive on a random UA despite producing their MMJ license to his employer. In short, I'd say I'm good, otherwise I'd suspect that a lot of people would be getting denied employment!

I'll keep ya updated and thanks again!

 

[Weed420]

Here in Washington people are not protected from drug tests if they are a cannabis patient. We will need to change that too. Sounds like you should be good. And usually if they are going to the expense of a background check it probably means you have the job if everything checks out ok.