There have been reports of law enforcement agencies in Las Vegas showing up to residences of private individuals who obtained a medical marijuana card. They perform inspections and make sure the legal cardholder is compliant and following all medical marijuana laws. For some, this might feel strange and it should. Medical marijuana cardholder’s information is private and is not to be disclosed to law enforcement. For those who have had this experience, keep in mind that you have the right to an attorney. Kajioka & Associates Attorneys at Law will explain Medical Marijuana Patient Privacy Right laws, to help you determine if your right’s have been violated.
Medical Marijuana Card
A law was voted on and passed that those with medical conditions are allowed the use of medical marijuana. These laws include that the marijuana cardholder is to obtain an identification card which is the only publicly used source of identification for a marijuana cardholder. Nevada State Legislature applied a law or statutes which governs the Medical Marijuana Program administration that directly relates to the confidentiality of all marijuana cardholders. Because of the confidentiality statutes, this is why marijuana cardholders needs a separate identification card or ID.
Nevada Revised Statute or NRS 453A.700; Medical Use of Marijuana
Under Nevada Revised Statute or NRS 453A.700, the Division of Health as well as the Human Services is by law required to keep the names or any other identifying information of those who applied for or obtained an identification card of the use of marijuana. This is to remain private. However, only under special circumstance is the personal information ever released. For an example, police obtain a warrant if they believe the suspect may be selling marijuana illegally. For those who have obtained a medical marijuana card and then begin selling it to others, this violates the law and is highly illegal. If a cardholder is under suspicion of selling marijuana illegally, police can obtain a warrant and they are then able to come to your home and perform a search of your home and even arrest you.
Police Use of Medical Marijuana Card Registry
When a marijuana cardholder follows all the laws pertaining to the use of medical marijuana, and law enforcement shows up on your doorstep without a warrant or probable cause and requests to search your home to see if you are following medical marijuana laws, you might be surprised. When police come just to see if you’re following medical marijuana laws, one of the first things they will be looking for is to see if you’re growing plants and how much. Those taking medical marijuana are allowed to both grow and store their own marijuana. However, they can’t exceed a certain quantity. Regardless of the fact that police or law enforcement showed up to your home your next question should be how they obtained your name, address, and the fact you have a medical marijuana card.
Criminal Defense Attorneys in Greater, Las Vegas, Nevada
The only answer to this riddle is that your confidentiality rights have most likely been violated. When this occurs, you have the right to an attorney. You will first want to see if a warrant was issued, the reason for it, and if law enforcement had probable cause. If you and your confidentiality right was violated, seek a proper defense and contact Kajioka & Associates Attorneys At Law today.
