Prosecution jobs and medical marijuana... Forum

[Anonymous User]

Please forgive me if I'm not posting this in the most relevant forum.

I have a particularly strange question that I can't find a straight answer on. I'm a law school graduate who has not yet completed the bar exam. When I do, I'd like to go into prosecution. I've heard informally from friends (one of whom is currently prosecuting, and one who is doing defense work while seeking prosecution work...) that prosecutor's offices will not hire you if you have a medical marijuana card, because marijuana is still illegal at the federal level.

These friends have continually talked me out of getting a medical card, on the grounds that having had one will somehow forever disqualify me from a state prosecutor's job. (Even if it has lapsed long before I apply for such a job...)

My question, and my confusion, stems from the fact that I have no idea how an office would even find out. Provided you do not still have the card, do not still use marijuana, and do not intend to while working there, how exactly would an office find out that you had one at some point in the past?

Isn't that information subject to HIPAA and such?


Any input would be helpful. I have an ulcer, and find the anti-nausea properties to be invaluable. I also live in a state where recreational marijuana is legal. But I would prefer to get the card to avoid the hefty taxes on the recreational stuff. I just don't want to disqualify myself from an entire area of the law, permanently, because I had a medical condition that I decided to obtain treatment for.

[CanadianWolf]

First, your health is more important than obtaining a prosecutorial position. In my opinion, there is no "second".

I do not know the answer to your question, but your friends' advice & understanding could be accurate. Hopefully a prosecutor or two will respond. Seems as if your primary concern is with paying taxes on non-medical pot. If so, think about how much you have invested in law school tuition, living expenses, foregone earnings & bar exam prep in relation to the potential taxes to be paid on recreational pot. Not much. So why not just pay the extra tax ?

P.S. As an aside, last I heard, the FBI only disqualifies candidates who have used pot within the prior twelve months. Not sure if this is still accurate, however.

[Nekrowizard]

In CA at least, I'm pretty sure that a medical marijuana card is associated with your driver's license. I'm sure that state privacy laws probably prevent disclosure of that information in a background check, but who knows?

[Anonymous User]

Full disclosure, I lied with respect to the primary reason I'd rather avoid recreational marijuana. I will soon be participating in a DUI diversion program and must abstain from alcohol and marijuana for 90 days. Thus, I will not be permitted to use marijuana unless I have a medical card. (I did not feel comfortable sharing this on a public forum, but I'm hoping this anonymous posting is legit...)

I don't know how reliable the information from my friends is, as it was all through the grapevine, and they may have just been referring to prosecutor's offices not hiring persons who currently have cards (presumably because such persons will want to continue using marijuana.) When I pressed one of them for more details on the matter tonight, it was conceded that it would likely be very difficult for an office to find out you'd had a card in the past.

As I understand it, the fact that you have one should be protected information.

Ulcers suck, and the stress of a DUI charge, trying to save for the February bar exam, working 50 hours a week, losing my car (that only had liability coverage), and all the hoops and costs of DUI diversion are seriously exacerbating it.

I'd be happy to abstain from using marijuana in the future, when this has healed, and before seeking any position that has a drug policy that precludes all marijuana use.

I'm just seriously surprised and baffled that my friends have heard this rumor that anyone who has ever possessed a medical marijuana card may NEVER, ever become a state prosecutor. Seems preposterous for a state agency. The FBI? Fine. If anyone should be concerned about the federal marijuana policy, it's those guys.

I didn't take employment law, but I would think there'd be some discrimination issues involved if someone wasn't hired solely because they'd possessed a medical card for a disability in the past.

[barkschool]

Full disclosure . . . a [pending] DUI charge

I would be more worried about this than registering for a medical marijuana card.

[Anonymous User]

Why? I'm participating in a diversion program, upon completion of which, will dismiss the DUI charge.

[A. Nony Mouse]

Not sure you can get away with not reporting it just because it's getting dismissed. Background checks can ask about arrests, not just convictions.

[RaceJudicata]

Do you want the weight of non-disclosure over your head for ... the rest of your career? You never know where you'll end up or when it will bite you in the ass. Ultimately your call, but tread carefully.

Of course, they might not catch you and it might never come up. Or they might decide its no big deal.

[encore1101]

Not sure you can get away with not reporting it just because it's getting dismissed. Background checks can ask about arrests, not just convictions.

Just to second this. If the prosecutor's office asks for arrests, you put down arrests. Its as easy as you'd imagine for a prosecutor to get your arrest history, even if the case is ultimately sealed.

[Anonymous User]

I have to disclose a charge that was dismissed on the merits at a preliminary hearing so am pretty sure you need to disclose a DWI that is dismissed pending your completing treatment. In fact, my guess is the whole reason they make you disclose dismissed charges is precisely because any decent lawyer can turn a DWI or something similar into a dismissal pending treatment if it's a first charge. I would strongly urge you to disclose and to just give up marijuana for the next couple of years. It's tough but there may be something else you can take that can help you that won't risk further discipline. Plus, it isn't like marijuana will be extinct if you decide you need it again.

[Anonymous User]

The responses to my inquiries here are... interesting.

My inquiry was whether a prosecutor's office would refuse to hire someone who, in the past, had a medical marijuana card.

A lot of these responses seem to be about whether I'd risk not disclosing a DUI arrest, and I just don't know what you're talking about. I never suggested I wouldn't disclose an arrest to anyone. Who are you even suggesting I'd not disclose a DUI arrest to? The state bar on my application? Any prosecutor's office I would apply to?

Of course I'd disclose any arrest if asked to do so by either entity. I don't understand why anyone is bringing up this issue given my original inquiry.

As to the individual that suggested I be more worried about a pending DUI charge than applying for a medical marijuana card, again... what are you on about? If you're suggesting I should be more worried about obtaining employment as a prosecutor given what will eventually be a dismissed DUI charge on my background check than I should be about a medical marijuana card -- I'm not. A single DUI arrest isn't an automatic disqualification for any gig I'm aware of.

This thread has clearly derailed into some discussion of disclosure that wasn't even an issue. I'm not a dishonest person. I'm a regular person who made a poor decision to drive after too many drinks, and have learned from the experience. My concerns were whether I could obtain a medical marijuana card, in the present, when I'm dealing with some health issues that would benefit from such a thing, and still be able to obtain employment as a prosecutor, in the future, when I am no longer using the substance.

[A. Nony Mouse]

I think you got the responses you did because people read your post "Why [worry about the pending DUI charge]? It's going to be dismissed" as suggesting, "I won't have to worry about it because it won't be disclosed."

Unfortunately I suspect there aren't enough people who've had medical marijuana cards who've applied to prosecutors' offices for you to get very helpful information here. Hopefully I'm wrong though.

[Anonymous User]

I see your point.

I imagine I'll have to be the first test case example then.

Best to all.