License visible in background check? (Pre-employment content)

[thirtynation]

First post, but I've been lurking a bit recently. Lot's of great info on this board. I tried searching but I only found loosely related topics...

I have accepted a job offer recently, and am just going through the pre-employment motions right now. The standard drug test and background check phase right now. I have been clean for two months so I'm not worried about the piss test, but I am kind of worried the background check could reveal I have a currently valid MMJ license. How private is the registry? A friend of mine told me it's only public info if you have specified a caregiver, but that doesn't sound right at all.

The company uses an outside company for background checks, Kroll Background America. This is the part that worries me on some of the paperwork I filled out:

reports may include, but are not limited to, information as to my character, general reputation, and personal
characteristics, discerned through employment and education verifications; personal references; personal interviews; my personal
credit history based on reports from any credit bureau; my driving history, including any traffic citations; a social security number
trace; present and former addresses ; criminal and civil history/records; any other public record.

Can my SS # or my current/past address (have used two since getting the card) trace to my MMJ status? Does the registry fall into that "civil/other public record" category?

The specific position is in Casper, WY (a non-medical state) but the company is multinational so I don't really know what laws govern overall. The fact that the position is in a non-med state, and that there's no way I pissed positive leads me to believe I could argue a strong case if they do discover my status. I used it when I needed it, and no longer have a use.

Thanks for any input.

thirtynation Reviewed by thirtynation on 12-20-2010. License visible in background check? (Pre-employment content) First post, but I've been lurking a bit recently. Lot's of great info on this board. I tried searching but I only found loosely related topics... I have accepted a job offer recently, and am just going through the pre-employment motions right now. The standard drug test and background check phase right now. I have been clean for two months so I'm not worried about the piss test, but I am kind of worried the background check could reveal I have a currently valid MMJ license. How private Rating: 5

[quetzal]

hi thirtynation,

Well according to the constitution and CDPHE regs as I've read them, your status in the registry shouldn't show up in the types of checks you're talking about. Now whether there's some sketchy conspiratorial magic that can happen behind the scenes so that non-LEO entities can get this info, I can't say, so I go with what the laws say, and I'm pretty sure they say that its not sufficient to just have someone's address or SS# to call in and get their MMJ status. You have to be yourself or LEO to get that info.

One thing I remember reading on this board a while ago was that it could be possible for a background/credit check to induce your use of MMJ through financial transactions at known MMJ businesses. Of course that would be completely circumstantial and couldn't actually prove anything, but for a very picky employer it could be a red flag.

I'm sure others will correct me where I'm wrong.

peace

[thirtynation]

Thanks for the reply! Admittedly, I'm at a loss for this LEO acronym you keep using... But given the context I get what you're saying. It sounds like they would actively have to look for MMJ status with address/ss#, and that it would not just show up on some other kind of record.

In terms of the financial records part, that is kind of scary. Credit history reports can bring up individual transactions on my credit card? I don't really know much about the process, but I thought credit checks just showed how often you have missed payments and such, not specific transactions. I do know, though, that my credit is near flawless. I had maybe two late payments in the 7 years I've had a credit card, no over drafts on my checking acct, etc. If they can see individual transactions, I'm sure something like "Compassionate Pain Manage"(ment) doesn't necessarily bode well...

[copobo]

yes. financial release can reveal individual transactions on your credit report. like to an mmc. use the debit machine next time!

also, if they have their way with a new 27/7 database with various agencies having access, this info will show up in checks in the future.

[copobo]

worrying about this can't change anything. If it DOES turn up in your BG check, please do come back and tell us!

many businesses don't care about pot. I'd suggest working for one if you can

(sorry for the double post)

[quetzal]

also, if they have their way with a new 27/7 database with various agencies having access, this info will show up in checks in the future.

copobo, do you know if these new CDPHE rules (not the DOR ones) are written/proposed somewhere yet? I've only seen the youtube video of a meeting discussing these database changes. I want more detail.

A lot of the other ridiculous rules I can live with, but attempts to make the confidential registry open to other departments and agencies in such a way, that's too much for me.

[SoCoMMJ]

The Colorado Constitution assures the confidentiality of the registry... note the bold section of the amendment below:

(3) The state health agency shall create and maintain a confidential registry of patients who have applied for and are entitled to receive a registry identification card according to the criteria set forth in this subsection, effective June 1, 2001.

(a) No person shall be permitted to gain access to any information about patients in the state health agency's confidential registry, or any information otherwise maintained by the state health agency about physicians and primary care-givers, except for authorized employees of the state health agency in the course of their official duties and authorized employees of state or local law enforcement agencies which have stopped or arrested a person who claims to be engaged in the medical use of marijuana and in possession of a registry identification card or its functional equivalent, pursuant to paragraph (e) of this subsection (3). Authorized employees of state or local law enforcement agencies shall be granted access to the information contained within the state health agency's confidential registry only for the purpose of verifying that an individual who has presented a registry identification card to a state or local law enforcement official is lawfully in possession of such card.

[copobo]

the constitution does not seem to be very important to legislators and the lawsuits aren't exactly piling up.

[copobo]

copobo, do you know if these new CDPHE rules (not the DOR ones) are written/proposed somewhere yet? I've only seen the youtube video of a meeting discussing these database changes. I want more detail.

A lot of the other ridiculous rules I can live with, but attempts to make the confidential registry open to other departments and agencies in such a way, that's too much for me.

the only rule making they've done is on this page
Colorado: Department of Public Health and Environment, Colorado Medical Marijuana Registry

I'd be inclined to believe the rumors of what's to come.