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The Water Cooler
General Discussion
SDA, HB2612, and Medical Marijuana
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<blockquote data-quote="rlongnt" data-source="post: 3246968" data-attributes="member: 665"><p>Not sure any state agency has the right to do anything beyond asking you to voluntarily surrender your CCW. Not arguing whether there are still federal issues and none of this will apply to me. I can't say how I'll feel on the subject 30 years from now when my bones are creaking though so I try not to judge.</p><p></p><p>If one wants to know for themselves they can always read what's actually in the text of the legislation. HB 2612 came with some teeth.</p><p></p><p>Ahem... RTFM</p><p></p><p><em>"<strong>A medical marijuana patient or caregiver licensee shall not be denied the right to own, purchase or possess a firearm, ammunition, or firearm accessories based solely on his or her status as a medical marijuana patient or caregiver licensee. No state or local agency, municipal or county governing authority shall restrict, revoke, suspend or otherwise infringe upon the right of a person to own, purchase or possess a firearm, ammunition, or firearm accessories or any related firearms license or certification based solely on their status as a medical marijuana patient or caregiver licensee."</strong></em></p><p><em></em></p><p><em>"A medical marijuana patient or caregiver in actual possession of a medical marijuana license shall not be subject to arrest, prosecution or penalty in any manner or denied any right, privilege or public assistance, under state law or municipal or county ordinance or resolution including without limitation a civil penalty or disciplinary action by a business, occupational or professional licensing board or bureau, for the medical use of marijuana in accordance with this act."</em></p><p><em></em></p><p><em>"Such records shall be marked as confidential, shall not be made available to the public and shall only be made available to the licensee, designee of the licensee, any physician of the licensee or the caregiver of the licensee. <strong>No personally identifiable information, as defined under HIPAA, shall be stored at the Department</strong>."</em></p><p></p><p><em>"Unless otherwise required by federal law or required to obtain federal funding: </em></p><p> <em></em></p><p><em>1. No employer may refuse to hire, discipline, discharge or otherwise penalize an applicant or employee solely on the basis of such applicant's or employee's status as a medical marijuana licensee; and </em></p><p><em><em>2. No employer may refuse to hire, discipline, discharge or otherwise penalize an applicant or employee solely on the basis of a positive test for marijuana components or metabolites, unless: </em></em></p><p><em><em><em>a. the applicant or employee is not in possession of a valid medical marijuana license, </em></em></em></p><p><em><em><em><em>b. the licensee possesses, consumes or is under the influence of medical marijuana or medical marijuana product while at the place of employment or during the fulfillment of employment obligations, or</em></em></em></em></p><p><em>c. the position is one involving safety-sensitive job duties, as such term is defined in subsection K of this section."</em></p><p><em></em></p><p><em></em></p><p><em></em></p></blockquote><p></p>
[QUOTE="rlongnt, post: 3246968, member: 665"] Not sure any state agency has the right to do anything beyond asking you to voluntarily surrender your CCW. Not arguing whether there are still federal issues and none of this will apply to me. I can't say how I'll feel on the subject 30 years from now when my bones are creaking though so I try not to judge. If one wants to know for themselves they can always read what's actually in the text of the legislation. HB 2612 came with some teeth. Ahem... RTFM [I]"[B]A medical marijuana patient or caregiver licensee shall not be denied the right to own, purchase or possess a firearm, ammunition, or firearm accessories based solely on his or her status as a medical marijuana patient or caregiver licensee. No state or local agency, municipal or county governing authority shall restrict, revoke, suspend or otherwise infringe upon the right of a person to own, purchase or possess a firearm, ammunition, or firearm accessories or any related firearms license or certification based solely on their status as a medical marijuana patient or caregiver licensee."[/B] "A medical marijuana patient or caregiver in actual possession of a medical marijuana license shall not be subject to arrest, prosecution or penalty in any manner or denied any right, privilege or public assistance, under state law or municipal or county ordinance or resolution including without limitation a civil penalty or disciplinary action by a business, occupational or professional licensing board or bureau, for the medical use of marijuana in accordance with this act." "Such records shall be marked as confidential, shall not be made available to the public and shall only be made available to the licensee, designee of the licensee, any physician of the licensee or the caregiver of the licensee. [B]No personally identifiable information, as defined under HIPAA, shall be stored at the Department[/B]."[/I] [I]"Unless otherwise required by federal law or required to obtain federal funding: 1. No employer may refuse to hire, discipline, discharge or otherwise penalize an applicant or employee solely on the basis of such applicant's or employee's status as a medical marijuana licensee; and [I]2. No employer may refuse to hire, discipline, discharge or otherwise penalize an applicant or employee solely on the basis of a positive test for marijuana components or metabolites, unless: [I]a. the applicant or employee is not in possession of a valid medical marijuana license, [I]b. the licensee possesses, consumes or is under the influence of medical marijuana or medical marijuana product while at the place of employment or during the fulfillment of employment obligations, or[/I][/I][/I] c. the position is one involving safety-sensitive job duties, as such term is defined in subsection K of this section." [/I] [/QUOTE]
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