Learn more:

---

Can my Virginia Medical Marijuana Card be viewed in a background check?

Marijuana is proving to be an effective treatment for a variety of chronic health disorders. As a result, medical marijuana is currently allowed in 38 states, including D.C..  Qualifying patients receive state issued medical cards based on a doctor’s recommendation. Despite its widespread use, medical marijuana legislation and the ramifications of obtaining a medical marijuana license are frequently misunderstood.

Is My Medical Marijuana Record Protected?

Yes. Thanks to HIPAA regulations, you can trust that your medical information will be protected. The Health Insurance Portability and Accountability Act (HIPAA) is a law that includes security and data privacy provisions to protect patients’ healthcare-related and medical information in the United States.

The HIPAA Privacy Rule is the first national policy in the US to secure patients’ personal or protected health information. It aims to preserve patients’ privacy by requiring doctors to submit a list of all entities to whom they disclose patient information(for billing and administrative purposes) while still allowing necessary health information to flow via the proper channels.

The Privacy Rule is applied to the following individuals and organizations, which are deemed covered entities:

• Healthcare Providers – Every healthcare professional, regardless of practice size, electronically communicates health information in connection with specific transactions.
• Health Plans – Organizations that offer or pay for medical treatment.
• Healthcare Clearinghouses – Entities that convert nonstandard information received from another entity into a standard or data content, or vice versa. Examples include a billing service, repricing company, and community health management information system.
• Business Associates – A person or organization who performs or provides activities or services for a covered entity by using or disclosing personal identifiable health information.

The Privacy Rule also protects people’s rights to know and choose how their health information is used. The primary goal of the Privacy Rule is to guarantee that individuals’ health information is effectively protected while allowing the flow of health information required to deliver and promote high-quality treatment and maintain the public’s health and wellbeing.

No, it is not. Background checks will not reveal that you were granted a medical marijuana card. HIPAA still protects this information because technically, your state-issued card can only be obtained with a doctor’s medical recommendation. 

Though HIPAA may keep the status of your consumption private, it’s vital to note that the state-issued card is not. Despite this, state officials cannot obtain or transmit that information to employers. There is no way to access the data without permission, and your personal information, such as your social security number, is not included. That means when you go to a dispensary, they can only check to see if your card is genuine — they can’t view anything more about your health or personal information.

Technically, simply having a medical marijuana card will not appear on a federal background check. However, this does not rule out the possibility of your marijuana use being detected.

Your criminal record will show up in a federal background check, so if you’ve been convicted of marijuana possession, even if you were using it for medical reasons, you may find it difficult to obtain work. While a medical cannabis card will not appear on a federal background check, if you’ve had any run-ins with the law related to marijuana usage and/or possession (even if it was medical), you may still face issues if your criminal background check is run. 

Keep in mind that federal and state laws are very different. Marijuana is still prohibited in the United States. As a result, federal government employees are required to follow federal regulations.  Because federal regulations oversee drug-free workplace policies, a federal contractor may conduct a drug test on the job. If they do, there could be legal implications for you.

No, they can’t. Your employer will never be able to access that type of sensitive information. Nor will it be accessible to a future landlord or a bank lender. Even if you utilize the company’s doctor and the information is revealed in your medical report, the doctor is not allowed to share the information with your employer. Your information is secure, but it’s up to you to exercise caution regarding employers discovering it.

Medical marijuana laws currently exist in around three-fourths of states, allowing those with significant medical ailments to consume marijuana with a doctor’s permission. However, just because marijuana is legal in many places does not mean it is permitted in the workplace. Employers can terminate, punish, or take other disciplinary action against an employee who uses marijuana at work or shows up to work. In contrast, under the influence of marijuana in most states, even if the individual requires it to cure a medical condition. 

Several states have laws prohibiting employers from discriminating against medicinal marijuana cardholders or terminating employees who test positive for marijuana. Some of these states additionally require employers to fairly accommodate an employee who requires medicinal marijuana to treat a medical condition, such as enabling an employee to start work later in the morning because she uses medical marijuana to treat glaucoma at night. Most states that have legalized medical or recreational marijuana leave testing decisions at the discretion of the individual employer. 

Be aware, even if medicinal marijuana is legal in many jurisdictions, several states are still taking steps toward decriminalization. While your health data will be padlocked from anyone on the outside looking in, it is your job as a cannabis consumer to keep your consumption discrete. Use prudence, common sense, and remain current on your state’s legislative changes.

Adapted from thecannabiscommunity.org on April 27, 2024

Marijuana is now legal for recreational use as of July 1, 2021. Why would I go to the trouble of getting a card now? 

1. Access: The dispensary is for medical patients only, dispensary's for adult recreational use will not be open until 2024. Retail sales, will take effect on July 1, 2024, allowing time for the Cannabis Control Authority and other organizations to create the necessary framework for regulating and overseeing cultivation, manufacturing, distribution, and retail sales. Like other states that recently legalized cannabis, Virginia included provisions designed to address long-standing issues around race, social equity, and enforcement of cannabis laws. 

2. Access to quality products: At the medical dispensary, third-party lab testing and product labeling are required and labs must be accredited by the state.

Products must be tested for:

Cannabinoids

Heavy metals

Microbes 

Mycotoxins

Pesticides

Terpenes

You can be sure that the product you buy is free of bacteria, fungus and other germs that can cause illness, as well as the purity of your product. 

3. But you can already buy CBD oil online!

These products are not required to meet any safety, quality, consistency, or labeling standards. Buyer beware!

4. Cost: There is NO tax on products from the medical dispensary. 

Adult use retail: Virginia’s adult-use stores, which are scheduled to open in 2024, will collect a 21% state cannabis excise tax in addition to the statewide 5.3% sales tax. An extra 3% tax may be added by the local municipality.

5. Possession limits: when recreational use is legal, adults can possess up to 1 ounce/28 grams and up to 4 plants per household. Medical patients can possess a 90 day supply - determined in consultation with the pharmacist at the medical dispensary.