z-logo
Premium
Medical Marijuana Registries: A Painful Choice?
Author(s) -
Houser Kimberly A.,
Hiller Janine
Publication year - 2020
Publication title -
american business law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.248
H-Index - 23
eISSN - 1744-1714
pISSN - 0002-7766
DOI - 10.1111/ablj.12170
Subject(s) - harm , federal law , state (computer science) , health care , political science , harm reduction , business , law , medicine , medical emergency , psychology , legislation , public health , nursing , algorithm , computer science
Though the medical use of marijuana is legal in thirty‐three states, it remains illegal under the federal Controlled Substances Act. Any marijuana use can subject individuals to severe criminal and civil penalties under federal law. States that condition patient access and treatment on registration in a state database impose real risks on their citizens. Although many scholars have written about the tension between federal and state treatment of marijuana, this is the first article to examine marijuana patient registry privacy and fundamental rights issues. This article first reviews the relationship between marijuana use and patient treatment, with a focus on health‐care and privacy rights under state and federal law. The article then explains how marijuana registries compare to broader patient registries, such as contagious disease and other medical condition patient registries, and the unique issues presented by marijuana patient registries. It then discusses the elevated risk to constitutional, privacy, and fundamental rights that may result if states do not carefully construct marijuana registries. The article concludes by proposing principles for how both states and dispensaries should approach marijuana registries in order to provide health benefits and avoid harm to patients.

This content is not available in your region!

Continue researching here.

Having issues? You can contact us here