The answer is “NO” in general, but it's not as simple as you might expect. HIPAA prevents people from accessing their medical records. As a result, they don't see your MMJ information. Unfortunately, an employer can choose different criteria for their background checks, such as credit reports, criminal records, and individual medical records.
Your medical history “should” be restricted to how it affects your ability to perform the job, but determining the precise criteria isn't easy. Federal laws differ from state laws, and marijuana use remains illegal under federal law. Because of this, employees employed by the federal government will be subject to federal regulations. This means that a prescription for medical marijuana may appear in background checks if your employer requests it.
Other jobs, such as healthcare and child care, can also request your medical records. When you receive an MMIC, your unique identification number is entered into a web-based registry. Your medical records are protected by the Health Insurance Portability and Accountability Act (HIPAA), which was established as a way to protect patient privacy and prevent workforce discrimination against people with medical conditions. A medical marijuana identification card is optional, patients do not need to obtain one to legally use medical marijuana, just a doctor's recommendation.
Over time, California medical marijuana users may find it easier to meet their medical marijuana needs through the legal recreational marijuana market. Individuals with a medical marijuana identification card (“MMIC”) are exempt from paying sales tax for the purchase of medical marijuana. After Proposition 64 legalized recreational marijuana, the legislature passed the “Cannabis for Medical and Adult Use Regulation and Safety Act (“MAUCRSA”), which created a combined regulatory system for medical and recreational marijuana. For more information on obtaining a medical marijuana card, visit the California Department of Health's Medical Marijuana Program.
The recommending physician should review existing patient medical records before making a recommendation, including reviewing any other medications patients are already using.