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Old 10-27-2009, 08:46 PM   #1
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Medical Card = Less Secure?...
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Hi all.

We all know that if you are the low key type, use common sense, and follow the main rules, that getting "discovered" would be very rare indeed.

But now if you have a card, you just told the state that you plan to posses and to grow.

"Who cares" says the cancer patient with extreme pain, its an ounce of weed for goodness sake - I know, and I agree. F them for, well, don't get us started on how rediculous it is to go after this person.

Well I for one suffer from severe pain and nausea - but I dont want a "suprise inspection" by the local police to make sure I am within the limits and guidlines of the law. Get out of my house please, my family and I do not want to be scrutenized and searched form time to time.

I would imagine that the feds can look at the list, and the letter from BO syaing not to bother me might not make a darn bit of difference to them - as it hasn't in the past.


Are these legitimate concerns? Is it better to just keep it from them? Has any card holder here had or heard of such things? Or am I just paranoia big destroya?

TY
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Old 10-27-2009, 08:54 PM   #2
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no, that is not true. you get a "recommendation" from a doctor. the state does not know anything about it. they only know if you sign up with the state with the recommendation, which is not recommended. do not sign up for state card, if you get your recommendation. your recommendation is all you need, it is even legal in court. there is also something called patient-doctor confidentiality. that covers you legally. state does not have the right to check on you, that is an invasion of privacy. they dont check on people that use morphine, or other Rx narcotics.
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Old 10-27-2009, 08:59 PM   #3
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OMGoodenss, thanks for the heads up. I plan to go through the THC foundation in my state. I think they file for the card for you. Do I request the recommendation only and not the card?

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Old 10-27-2009, 09:00 PM   #4
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word. I would never get the state issued card.... personally. Lists like that scare me... A note from the doctor on the other hand, seems like it should be OK. Then again at the rate they're knocking down our rights of privacy who knows
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Old 10-27-2009, 09:11 PM   #5
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if you can state what area you are in, maybe someone here can help you with a doctor recommendation. i dont know anything about thc foundation.
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Old 10-27-2009, 09:14 PM   #6
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But it kind of says you need to....

D. Written Certification Must be Provided to Prove Eligibility
Pursuant to Hawaii's medical marijuana law, "written certification" means "the qualifying patient's medical records or a statement signed by a qualifying patient's physician, stating that in the physician's professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient.

The department of public safety may require, through its rulemaking authority, that all written certifications comply with a designated form. "Written certifications" are valid for only one year from the time of signing.

A patient who has been diagnosed with any of the above shown conditions and wishes to become a registered medical marijuana patient in the state of Hawaii should do the following:

Ask their physician to request a written certification form from the Narcotics Enforcement Division of the Department of Public Safety at (808) 837-8470;
Send the completed certification form along with a copy of the patient's photo ID and a check for the registration fee ($25 for the patient plus $25 for the caregiver, if any) to the following address:
Narcotics Enforcement Division (NED)
3375 Koapaka St., Suite D-100
Honolulu, HI 96819



And then it clearly says they will sell you out....

K. Confidentiality
The medical marijuana law for the state of Hawaii discusses the issue of patient confidentiality. The only section relevant to this issue states: "Upon an inquiry by a law enforcement agency, the department of public safety shall verify whether the particular qualifying patient has registered with the department and may provide reasonable access to the registry information for official law enforcement purposes."



Then it says, uggg, this...

Any qualifying patient or primary caregiver not complying with the permitted scope of the medical use of marijuana will not be afforded the protections against searches and seizures pertaining to the misapplication of the medical use of marijuana.


Looks like one would be better off not having anything to do with any of it. Must I remain as a "criminal"?

Do you still think the recommendation is enough?
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Old 10-27-2009, 09:30 PM   #7
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yep, all i have is a recommendation. it even says on the paper that it is legal, and is usable in court. this is California law. i copy my recommendation, and i shrink one copy to wallet size and laminate it and put that in my wallet. i make another copy and put it right next to the door, framed.

Quote:
Any qualifying patient or primary caregiver not complying with the permitted scope of the medical use of marijuana will not be afforded the protections against searches and seizures pertaining to the misapplication of the medical use of marijuana.
this only happens if they find out. how is this going to happen? the only way they find out is if you commit other crimes. example: you fight with significant other. cops are called. they then see that you are growing, then they would check to see if you are compliant with law. they dont just check randomly. if this was the case, there would be people all over the internet posting about it, or whatever state you are in. if this was the case in HI, for example, other patients would be reporting this via the internet. and they are not. most states cannot afford to randomly check on a regular basis. and the court cases that might arise from such actions, which might be very hard for the state to fight. some people might expire before the court case goes to trial. like terminal patients.

ive been a CA med mj patient since 2002. i have never had a checkup by local leo. i do have to renew my recommendation every year. and my original doctor is Tod H. Mikuriya - Wikipedia, the free encyclopedia until he passed away.
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Old 10-27-2009, 09:46 PM   #8
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Thanks for all of your help as always BB. I just moved back to Hawaii.

Unfortunately, according to the NORML site, regestration with the Dept. of Safety is manditory to participate in the program. to be protected by the law in Hawaii.

It doesnt appear to allow them to search me at random, "only if I have violated the scope of the program" can they come searching.

Still doesnt stop the feds from looking at the list and coming after me though - but as you said, if this was going on there would be posts: feds come raid my tiny grow because I'm a registered medicinal user". I've only seen the few and very publicized cases of this.

I think my best bet is to comply with the requirements and not worry about being on a "list". Let them list me, I dont care. For an ounce? Lol.

Somebody stop me before I do it! Lol.
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Old 10-27-2009, 09:52 PM   #9
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you are probably fine. i have not seen anything on HI yet. i would comply because you are more protected being on the list, then not. there is always going to be someone that disagrees, maybe someone, another patient in HI that can give us more information. but if i had to be on the state list for CA, i would.
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Old 10-27-2009, 10:02 PM   #10
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Sorry to turbo.

BB your presence and help in these matters always has been a great amount of help. TY also GD and all of the GC regs.

I would also like to hear an opinion saying not to do it and why.

Barring that I dont see why not. If I were caught with possesion of a gram in my college years for example, I certainly wouldnt go about my life being worried that I was on some kind of "list".
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