OMMU Records Are Confidential
Florida Statute 381.986 explicitly designates OMMU patient registry information as confidential. Your cardholder status, patient ID, and related OMMU records are not accessible through:
- FBI/NICS background checks (used for firearm purchases)
- FDLE criminal history checks
- Standard commercial employer background check services (HireRight, Checkr, Sterling, etc.)
- Public records requests
What Can Appear
While your OMMU card status is confidential, other marijuana-related information may appear on checks or investigations:
- Positive drug test results: Employers who drug test may discover marijuana use through a positive test. This reveals use — not card status — but the practical effect can be similar in some employment contexts.
- Prior marijuana-related criminal records: Arrests, charges, or convictions predating your card are part of the public criminal record and may appear on background checks.
- Voluntary disclosure: Disclosing card status on employment applications, professional license applications, or other forms is the most common way employers learn of it.
Federal Security Clearances
Federal security clearance investigations are significantly more thorough than standard background checks and are not limited to criminal records. Federal adjudicative guidelines address drug use, and marijuana use — even under a valid Florida card — is treated as use of a federally controlled substance. This can affect clearance decisions.
Frequently Asked Questions
Florida OMMU records are confidential under Florida Statute 381.986 and do not appear in standard criminal background check databases including NICS, FDLE, or commercial employer check services. Your card status does not appear on standard checks.
Standard background checks will not reveal OMMU card status. However, employers can drug test, and a positive marijuana test reveals use. Voluntary disclosure is the most common way employers learn of card status.
Potentially yes. Federal clearance investigations are more comprehensive than standard checks, and federal guidelines address drug use. Marijuana use — even under a valid Florida card — is treated as a federally controlled substance issue. Consult a security clearance attorney before proceeding if this applies to you.
Yes. Prior marijuana-related arrests, charges, or convictions are part of the public criminal record and can appear on background checks. Your current card status does not expunge prior records. Consult a Florida criminal attorney if prior records concern you.
No — OMMU records are confidential and not shared with licensing boards through standard channels. However, many applications ask about controlled substance use or disciplinary history. Review your board's specific requirements and consult a licensing attorney if uncertain.
Questions about your MMJ certification?
Book an in-person evaluation at Miracle Leaf West Palm Beach. Same-day appointments available.
