Have a medical marijuana card in Hawaii? No guns for you.

[OutdoorDad]

How is this not a HIPAA violation?

The state has access to medical records??

 

[HoughMade]

Because HIPAA has an exception for law enforcement activities?

I'm just spit-ballin' here.

 

[K_W]

How is this not a HIPAA violation?

The state has access to medical records??

This is the problem with letting states license things...

The letter holder is probably Hawaii LTCH/CCW/CHP holder who also applied for a Medical MJ card. Since it's the state issuing the MJ licenses (not HIPPA protected), not doctors prescriptions, they can cross check their databases if they want to. Solution: get the state's hands off of rights and out of the doctor patient relationship. Both will take SCOTUS cases for Hawaii to comply.

 

[Alamo]

Because HIPAA has an exception for law enforcement activities?

I'm just spit-ballin' here.

Some more spit-ballin':

First, a HIPAA lesson:

The HIPAA Privacy Rule provides federal protections for individually identifiable health information held by covered entities and their business associates and gives patients an array of rights with respect to that information.

The Privacy Rule, as well as all the Administrative Simplification rules, apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities”).

HIPAA privacy protections apply only to certain organizations, called the "covered entities" for short.

Now for the spit-ballin': Since medical marijuana is not recognized as a legal medical therapy at the federal level, then medical marijuana dispensaries and state licenses and registries and such may not be covered entities. Also, the HHS Secretary may not have adopted transaction standards that cover the exchange of MMJ info. Lastly, again because fed law doesn't recognize MMJ, then info about who has a MMJ card might not be considered individually identifiable health information eligible for protection either. /spitballin'

Finally, from the HHS website on HIPAA:

Will this HIPAA Privacy Rule make it easier for police and law enforcement agencies to get my medical information?

Answer:

No. The Rule does not expand current law enforcement access to individually identifiable health information. In fact, it limits access to a greater degree than currently exists, since the Rule establishes new procedures and safeguards that restrict the circumstances under which a covered entity may give such information to law enforcement officers.

https://www.hhs.gov/hipaa/for-professionals/faq/disclosures-for-law-enforcement-purposes

So it's all good!

 

[BehindBlueI's]

How is this not a HIPAA violation?

The state has access to medical records??

In HI, you register with the state for medical marijuana. The Dept. Of Health is the issuing body.

 

[Vigilant]

Kind of easy here, if you like guns, don’t get a medical maryjane card. If you like maryjane, don’t get a medical maryjane card, and get your maryjane the same way you used to. If you like both guns, and maryjane, don’t get your maryjane card until it isn’t against federal law.?

 

[Lwright]

If you need medical Marijuana, keep it under the radar.

 

[Bapak2ja]

Just a basic question from a guy who never used any drugs beyond those prescribed by a physician for surgery pain relief or over the counter meds. Do you really want a person who is high on grass to be packing?

I seem to recall that an individual high on Mary Jane crashed a train a few years back. I seem to recall that regular users tend to be a bit irrational at times. I think that anyone who uses it cannot receive a CDL, so there are concerns about them driving safely. I also recall that use of this substance has been compared to the use of alcohol, which is extremely deadly when used while driving, as we all know. I also know that we all agree one should not be drinking while at the firing range, or carrying at the local road house when one is three sails to the wind.

So do we really object to taking guns away from a person who regularly sits down on the porch and watches the pink elephants dancing on the lawn? Do we really want this man holding an AR-15 with a thirty-round mag when the elephants come up on the porch after him, or they turn into the boogey man emerging from the ground?

 

[2ADMNLOVER]

Just a basic question from a guy who never used any drugs beyond those prescribed by a physician for surgery pain relief or over the counter meds. Do you really want a person who is high on grass to be packing?

I seem to recall that an individual high on Mary Jane crashed a train a few years back. I seem to recall that regular users tend to be a bit irrational at times. I think that anyone who uses it cannot receive a CDL, so there are concerns about them driving safely. I also recall that use of this substance has been compared to the use of alcohol, which is extremely deadly when used while driving, as we all know. I also know that we all agree one should not be drinking while at the firing range, or carrying at the local road house when one is three sails to the wind.

So do we really object to taking guns away from a person who regularly sits down on the porch and watches the pink elephants dancing on the lawn? Do we really want this man holding an AR-15 with a thirty-round mag when the elephants come up on the porch after him, or they turn into the boogey man emerging from the ground?

Why not ?

The guy on MJ is LEAST likely to be a danger to anyone / anything other than munchies .
/

 

[JeremiahJohnson]

You guys are all missing the point here (IMHO). The point is Hawaii now has a mandatory firearm registration. The medical marijuana card is just the litmus test for cross referencing their new registration of firearms holders. What else will they use to "disqualify" you? This is an example of just how dangerous a national registry for firearm owners can be.

 

[JeremiahJohnson]

Just a basic question from a guy who never used any drugs beyond those prescribed by a physician for surgery pain relief or over the counter meds. Do you really want a person who is high on grass to be packing?

I seem to recall that an individual high on Mary Jane crashed a train a few years back. I seem to recall that regular users tend to be a bit irrational at times. I think that anyone who uses it cannot receive a CDL, so there are concerns about them driving safely. I also recall that use of this substance has been compared to the use of alcohol, which is extremely deadly when used while driving, as we all know. I also know that we all agree one should not be drinking while at the firing range, or carrying at the local road house when one is three sails to the wind.

So do we really object to taking guns away from a person who regularly sits down on the porch and watches the pink elephants dancing on the lawn? Do we really want this man holding an AR-15 with a thirty-round mag when the elephants come up on the porch after him, or they turn into the boogey man emerging from the ground?

You're confusing MJ with hallucinogens. THC high is not much different than an alcohol high, and not nearly as bad as prescribed opioids yet none of those disqualify the "user", prescribed by a physician - not an entertainment user. If disqualification due to PRESCRIBED state altering drugs is ok, then the new registry in Hawaii will likely be moving on to that subset - also easy data to obtain. Don't think so? This firearm registry cross referencing thing is only starting in Hawaii.

 

[actaeon277]

Imagine someone carries a gun or drives a car while high......

You mean like people driving drunk, or carrying a gun drunk?

Then I guess we should ban alcohol.

 

[injb]

Imagine someone carries a gun or drives a car while high......

You mean like people driving drunk, or carrying a gun drunk?

Then I guess we should ban alcohol.

No need to ban it, just ban anyone who uses it from owning a gun. Oh, and by "uses it" I mean "is legally qualified to buy it" since apparently they're the same thing.

 

[actaeon277]

No need to ban it, just ban anyone who uses it from owning a gun. Oh, and by "uses it" I mean "is legally qualified to buy it" since apparently they're the same thing.

So, anyone that uses alcohol (or is legally qualified to buy it) can't own a gun.
Careful. Heads will spin.

 

[2ADMNLOVER]

So, anyone that uses alcohol (or is legally qualified to buy it) can't own a gun.
Careful. Heads will spin.

It's all about public safety right ?

Remember , if it saves just one child .

 

[JeremiahJohnson]

I'm telling you, all joking aside, Hawaii is the test waters here. It's a way to defeat 2A without having to "defeat" it.

 

[BehindBlueI's]

If MJ should be legal or not aside, I'm surprised people are surprised by this. MJ is illegal federally. Alcohol is not. The 4473 specifically mentions marijuana. Alcohol isn't mentioned. So putting aside the "how I'd like it to be" and dealing with "how it actually is"...people who signed up for something that's a known disqualifier are now disqualified....

List of people who saw this coming:
Helen Keller
Ray Charles
Doc Watson
Stevie Wonder
other famous blind people, you get the idea.

 

[injb]

If MJ should be legal or not aside, I'm surprised people are surprised by this. MJ is illegal federally. Alcohol is not. The 4473 specifically mentions marijuana. Alcohol isn't mentioned. So putting aside the "how I'd like it to be" and dealing with "how it actually is"...people who signed up for something that's a known disqualifier are now disqualified....

List of people who saw this coming:
Helen Keller
Ray Charles
Doc Watson
Stevie Wonder
other famous blind people, you get the idea.

Well I'm still waiting for someone to point out the law that disqualifies you for having an MJ card.

 

[Vigilant]

Kind of easy here, if you like guns, don’t get a medical maryjane card. If you like maryjane, don’t get a medical maryjane card, and get your maryjane the same way you used to. If you like both guns, and maryjane, don’t get your maryjane card until it isn’t against federal law.?

Seems easy?

 

[gglass]

That would seem an odd thing for Congress to do, make alcohol an illegal substance, I mean. MJ is on the list because its in a law. Don't like the law, get the law changed. We can all do thought exercises. This is reality and the law is what it is until it is changed.

As for alcohol, we tried that. Didn't work real well. In any event, playing along, more guns for me.

It didn't work with alcohol and it is NOT working with other substances like MJ. We as a society are no closer to winning the so-called war on drugs than when it started, and all we've accomplished is filling our jails and prisons with people who are self medicating.

I don't use drugs of any kind, including alcohol, and I still have yet to see a benefit to this insane war on drugs. All we are really accomplishing is the creation of black-market enterprises, just like the one that Al Capone built in the alcohol prohibition era.