Marijuana
- Thread starter Dogslayer
- Start date
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It’s legal at the state level, no different than a firearm and a six pack.
Now if you’re under the influence, that’s might be a problem.
Now if you’re under the influence, that’s might be a problem.
Dogslayer said:
Disregarding the legal wisdom of "your friend", common sense would dictate you should avoid it. Legal or not, I wouldn't take the risk...no matter how little it could be.
I agree that, on a STATE level, it is now no different that having an unopened bottle of liquor, six pack, etc...but on a FEDERAL level... :think:
That’s what I was responding to, if pulled over here in AZ with both in the vehicle there is no issue.
Yeah, at the federal level it’s still a bad idea.
Like all those being denied on 4473s for having medical marijuana cards, it could bite you on the butt.
Yeah, at the federal level it’s still a bad idea.
Like all those being denied on 4473s for having medical marijuana cards, it could bite you on the butt.
Gunslinger808 said:
I am curious as to what info the AZ dispensaries are required to keep about you. I don't partake, but I have friends that do so I asked; they haven't been to an AZ dispensary yet, but in Las Vegas they do record your DL info. In Washington, there is no record keeping at all...they just check your age at the door, like a night club. I wouldn't be comfortable with my information being retained in a database, like in Nevada. Not sure what AZ is required to do?
Not so much the dispensaries, but who do you think kept the info on medical marijuana cards then passed the info on to the feds?
The same people that approved them, none other than the state.
As to current no card needed now that it’s legal for recreation use, I doubt you’ll have to do more than show ID for age restrictions, just like buying beer.
The same people that approved them, none other than the state.
As to current no card needed now that it’s legal for recreation use, I doubt you’ll have to do more than show ID for age restrictions, just like buying beer.
Gunslinger808 said:
Yes, that is my point. The AZ medical mj system SHOULD be kept private...after all, it is a medical database, HIPA laws, etc....but we all know how easily any database can be hacked/harvested.
I don't know of anyone receiving a "DENIED" response from NICS, based only on the fact that their name is in a state medical mj database...the would violate several federal HIPA laws. Does the FBI have access to these databases? Unknown, but it wouldn't surprise me. I am aware of the letter from a few years ago by the ATF advising FFL's that if a seller has any reason to suspect they buyer is a mj user, including seeing a medical mj card or by smell, etc., that is illegal to transfer them a firearm.
I'm thinking back to a NV case from a year or two ago where a woman sued ATF and an FFL because she was denied a firearm transfer; she did not have a NICS check run, the FFL denied her because an employee saw her medical mj card in her wallet. The courts upheld the ATF rule.
As I currently understand it;
NV dispensaries retain databases including the patients/purchasers name, DL#, items bought, etc. This database is supposed be private...but... :think:
WA dispensaries do not retain any info...a bouncer at the door verifies your age by looking at your license and you walk in, pay with cash...basically it's anonymous.
AZ dispensaries ??? This is the info I am looking for. I may just have to walk into a dispensary and find out.
I don't know .. just because something is legal doesn't mean you should. AZ is a Relocators paradise. I know .. I moved here 16 years ago. Many on the PD will be from somewhere else and even the ones that have been here a long time will have a real hard time with "marijuana" after it has been vilified for so very long. I just dont know its worth the extra scrutiny at a potential traffic stop.
It will become standard fare and the stigma's will slowly drift away but .. "FOR ME" it wouldnt be worth the risk right now. Just to soon and I hate being handcuffed on the side of the road even if they ultimately find nothing illegal. I try and avoid additional scrutiny.
It will become standard fare and the stigma's will slowly drift away but .. "FOR ME" it wouldnt be worth the risk right now. Just to soon and I hate being handcuffed on the side of the road even if they ultimately find nothing illegal. I try and avoid additional scrutiny.
I've smoked MJ, mostly in the 60s and didn't like it at all, but I don't particularly care if others use it as long as they don't do it in my house or car and don't do it before or during driving, shooting, working or hunting sessions.
That's the same way I feel about alcohol with respect to driving, shooting and hunting and working.
That's the same way I feel about alcohol with respect to driving, shooting and hunting and working.
Flash said:
Yea I am with you .. I could give a toot about smoking refer. So long as your not an idiot with it, have at it. I haven't done it in ages but .. I didn't hate it. Dont know that I would take it up now but know people my age and better who smoke. Tell you what .. It cant do more damage to your body than I did with alcohol!!
But ... right now if I were going to transport it .. I would probably put it in the trunk or have someone else pick it up or maybe just not carry for the time I need to move it. Especially if you are someone that invites additional scrutiny just because. You know who you are :mrgreen:
Medical Marijuana dispensaries are not exempt from HIPAA, so they can keep their info to themselves.
Since Arizona has made MJ legal, the places who sell over the counter with no prescription, however, are not covered by HIPAA.
https://www.accountablehq.com/post/hipaa-and-canabis
Does HIPAA apply to Medical Cannabis?
Over the years, there have been some misconceptions about medical marijuana companies not needing to comply with HIPAA because their business is federally illegal but allowed by their state, therefore they believe that this federal law does not apply to them. However, since medical marijuana dispensaries require a medical prescription in order to provide the product, that would classify them as a HIPAA covered entity as we defined above. This status puts them right under the HIPAA umbrella, requiring them to fully comply with the federal law as they encrypt and protect their patient’s important health data.
When it comes to HIPAA compliance, the requirements for medical marijuana businesses are just like that of any other medical service that processes protected health information. Patient information is protected under HIPAA for any covered entity or business associate regardless of their specific practice within the healthcare industry. But what does that look like in this industry?
Since businesses in the medical cannabis industry have to operate carefully within the restrictions of the federal and state laws, they typically use patient verification systems. These systems, which usually exist virtually, contain forms of PHI like contact information, medical record numbers, health diagnosis or other information. These verification systems allow dispensaries to ensure that an individual does have a prescription before providing their treatment. Some states require dispensaries to maintain PHI in this way, while others allow cash dispensaries that do not retain information. If a dispensary is a cash-only operation, meaning that they do not process PHI in any way, then they do not have the same obligations to comply with HIPAA.
Outside of the cash dispensaries, any dispensaries or businesses that do keep track of this protected health kind of information about a patient are required to comply with all of the HIPAA rules. If you are unsure if your dispensary would fall under HIPAA requirements, take Accountable’s short and free HIPAA risk analysis questionnaire to see where your risks are of being noncompliant.
Since Arizona has made MJ legal, the places who sell over the counter with no prescription, however, are not covered by HIPAA.
https://www.accountablehq.com/post/hipaa-and-canabis
Does HIPAA apply to Medical Cannabis?
Over the years, there have been some misconceptions about medical marijuana companies not needing to comply with HIPAA because their business is federally illegal but allowed by their state, therefore they believe that this federal law does not apply to them. However, since medical marijuana dispensaries require a medical prescription in order to provide the product, that would classify them as a HIPAA covered entity as we defined above. This status puts them right under the HIPAA umbrella, requiring them to fully comply with the federal law as they encrypt and protect their patient’s important health data.
When it comes to HIPAA compliance, the requirements for medical marijuana businesses are just like that of any other medical service that processes protected health information. Patient information is protected under HIPAA for any covered entity or business associate regardless of their specific practice within the healthcare industry. But what does that look like in this industry?
Since businesses in the medical cannabis industry have to operate carefully within the restrictions of the federal and state laws, they typically use patient verification systems. These systems, which usually exist virtually, contain forms of PHI like contact information, medical record numbers, health diagnosis or other information. These verification systems allow dispensaries to ensure that an individual does have a prescription before providing their treatment. Some states require dispensaries to maintain PHI in this way, while others allow cash dispensaries that do not retain information. If a dispensary is a cash-only operation, meaning that they do not process PHI in any way, then they do not have the same obligations to comply with HIPAA.
Outside of the cash dispensaries, any dispensaries or businesses that do keep track of this protected health kind of information about a patient are required to comply with all of the HIPAA rules. If you are unsure if your dispensary would fall under HIPAA requirements, take Accountable’s short and free HIPAA risk analysis questionnaire to see where your risks are of being noncompliant.
MarkItZero
Member
With a state or local officer, you should be ok I think.
A federal traffic stop could be bad news. Not sure how the border patrol checkpoints are handling state legal weed?
A federal traffic stop could be bad news. Not sure how the border patrol checkpoints are handling state legal weed?