JazzOne wrote:Then again, if the card prevents you from being arrested and prosecuted for a state crime, that's probably worth it. Tough one. I think you're best bet is to forget the card and take mre precautions if you're still going to use.
I think having a medical marijuana card (which i'm pretty certain is considered a medical record and thus private, although correct me if i'm wrong), is much, much preferred to having a misdemeanor possession charge.
I agree that a state possession charge is far worse, but habitually violating federal law certainly doesn't look good. Until the feds legalize marijuana, I would never create a document trail of any sort. Perhaps that is because of my personal bias. I think that if the states continue on their present course of action, the feds will eventually join the pissing contest, and I'm pretty sure federal law is going to trump medical use of marijuana.
I know very little about private medical information, but I do know that communications with a doctor are only privileged if they pertain to actual medical treatment. If it was ever revealed that you lied to get the medical marijuana card, then the information may not be privileged. Also, communications with an attorney are never privileged if they are in furtherance of crime. I don't know if there is a similar doctrine regarding physicians and medical information, but if you are communicating with a doctor in order to violate federal law, you might find that the information is not privileged at all. Plus, the whole idea of privilege doesn't really apply to bar admission. When the bar asks you a question pertaining to admission, you are required to answer even if the information is private. It is my understanding that the bar can even ask you about mental illnesses.
Just for the record, I am a 2L, so my comments are partially conjecture. I have not been through the C&F examination yet, and I could be off base. I'm not going to take a chance though. There is way too much money on the line for me to blow it now. Even if you think I'm completely wrong, I'd find out for sure before you make a mistake.