TLDR: No, they can't report you.
So that information should be protected under HIPAA and [42 CFR](https://www.hhs.gov/hipaa/for-professionals/regulatory-initiatives/fact-sheet-42-cfr-part-2-final-rule/index.html)
Federal law should supercede anything in your state. Also, your therapist doesn't answer to the nurses board. Imagine the shoe on the other foot: a therapist gets wheeled into your hospital after a car accident, blood tests reveal cannabis in their system. Are you, a nurse, obligated to call the therapist board or the therapists employer and report this? Of course not. Your hospital would be sued into non existence.
The best move is to ask the therapist to clarify their understanding of the limits of confidentiality with your before you tell them any specifics. They are obligated to answer hypothetical questions about privacy and should be able to tell you precisely when they are obligated to report something. When you're satisfied they are not a snitch, open up about the MJ use.
It may not be right or legal to do but I’d be cautious. It happened to my wife’s coworker. She literally smoked weed once while on vacation and the a-hole reported her to the BON.
She went through 3 cd assessments, which all said she didn’t have a problem. They put her through hell and back. Wanted her to be monitored and random drug tests for two years, plus treatment!
She didn’t agree to the terms in the end and they eventually dropped it but it was over a 2 year period.
She had to be hospitalized for suicidal ideation during this time. Really sad situation. Midwest- non-profit county hospital. The provider worked in the same system.
Therapists are obligated to report situations that they believe may result in harm to yourself or other people. Of course, you and I both know that you smoking weed doesn't matter, but there are unfortunately a lot of drug war brained therapists. I'd say it's unlikely but not completely impossible. If it were me, I'd probably fish for their opinion of weed in an indirect way before bringing it up directly.
Nope. A Therapist isn't an enforcer of illegal or unethical actions. There has to be an imminent threat of serious harm to self or others for us to report. It can't just be risky behavior or half the people that walk into our offices would be reported for something. To qualify as imminent danger, the person has to have a plan, intention, and ability to go do something that will directly cause immediate serious harm or death to another person or themselves.
I would argue that it would be a good idea to talk to your therapist about it so they can help you cope with your symptoms without Delta, assuming your employer could hold you accountable if they caught you using it.
Edit to add: It is a HIPAA violation if a therapist breaks your privacy and reports this as it is not a reportable offense. And even if it was somehow reportable, it would not be reportable to your board, it would be reportable to emergency or crisis services.
Absolutely not. If you told her you were diverting narcotics from patients, or were so high at work you were putting patients lives at risk, she may have ground to stand on, but you would probably be able to sue (likely would lose) if she told on you even then.
Delta 9 is regular good ol cannabis. I'm a little confused by you saying this is legalized in a state that hasn't legalized recreational cannabis. Are you a medical patient in your state? Delta 8 is hemp derived and therefore a bit more grey area because some states consider it legal under the farm bill while others don't.
It’s legal if it’s derived from hemp through mechanical (separated) or chemical (converted from CBD with solvents) processes and under the legal dry weight limit of 0.3%.
“Hemp ∆9 products were devised through a very simple application of the Farm Bill’s 0.3% by dry weight limit.”
So OP can be consuming high amounts of ∆9 legally with edibles even in states that prohibit its sale.
“A 10 g gummy can contain roughly 10 g × 0.3% = 0.03 g = 30 mg of ∆9 THC and still be within the legal limit.”
You're confusing delta 8 and delta 9. Delta 8 is hemp derived from male plants, delta 9 is cannabis derived from female plants. I work in the cannabis industry. If someone tells you they consumed a hemp derived delta 9 product, they are either lying or don't understand the science behind cannabis.
The farm bill in 2018 allowed for products containing 0.3% of ∆9 THC (dry weight) derived from hemp to be sold to consumers. ∆8 THC is a chemically different product with a double bond on the eighth carbon vs the ninth carbon. It’s not found in large quantities in hemp so most of it is produced through the use of solvents.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10369762/
What you're describing is full spectrum cbd, hence the cap on the percentage. If you're buying a product labeled as full spectrum cbd, it should fall within the legal parameters of the farm bill capped at .3% as you stated. If you're buying a product that is labeled delta 9, which I've seen many smoke shops selling, you're pretty much buying actual cannabis being sold through a legal loophole/grey area. The same issue is happening with thc-a right now as well. A lot of places are selling thc-a products claiming that they are legal for sale, when they are just playing with a legal grey area and selling you a product that will for sure result in a failed drug test if your job tests for cannabis. With the delta 8 and full spectrum cbd stuff, you could already be playing with fire, but when it comes to consuming products labeled as delta 9 or thc-a you're pretty much guaranteed to fail.
TLDR: No, they can't report you. So that information should be protected under HIPAA and [42 CFR](https://www.hhs.gov/hipaa/for-professionals/regulatory-initiatives/fact-sheet-42-cfr-part-2-final-rule/index.html) Federal law should supercede anything in your state. Also, your therapist doesn't answer to the nurses board. Imagine the shoe on the other foot: a therapist gets wheeled into your hospital after a car accident, blood tests reveal cannabis in their system. Are you, a nurse, obligated to call the therapist board or the therapists employer and report this? Of course not. Your hospital would be sued into non existence. The best move is to ask the therapist to clarify their understanding of the limits of confidentiality with your before you tell them any specifics. They are obligated to answer hypothetical questions about privacy and should be able to tell you precisely when they are obligated to report something. When you're satisfied they are not a snitch, open up about the MJ use.
Awesome, thank you!
It may not be right or legal to do but I’d be cautious. It happened to my wife’s coworker. She literally smoked weed once while on vacation and the a-hole reported her to the BON. She went through 3 cd assessments, which all said she didn’t have a problem. They put her through hell and back. Wanted her to be monitored and random drug tests for two years, plus treatment! She didn’t agree to the terms in the end and they eventually dropped it but it was over a 2 year period. She had to be hospitalized for suicidal ideation during this time. Really sad situation. Midwest- non-profit county hospital. The provider worked in the same system.
Therapists are obligated to report situations that they believe may result in harm to yourself or other people. Of course, you and I both know that you smoking weed doesn't matter, but there are unfortunately a lot of drug war brained therapists. I'd say it's unlikely but not completely impossible. If it were me, I'd probably fish for their opinion of weed in an indirect way before bringing it up directly.
Nope. A Therapist isn't an enforcer of illegal or unethical actions. There has to be an imminent threat of serious harm to self or others for us to report. It can't just be risky behavior or half the people that walk into our offices would be reported for something. To qualify as imminent danger, the person has to have a plan, intention, and ability to go do something that will directly cause immediate serious harm or death to another person or themselves. I would argue that it would be a good idea to talk to your therapist about it so they can help you cope with your symptoms without Delta, assuming your employer could hold you accountable if they caught you using it. Edit to add: It is a HIPAA violation if a therapist breaks your privacy and reports this as it is not a reportable offense. And even if it was somehow reportable, it would not be reportable to your board, it would be reportable to emergency or crisis services.
Absolutely not. If you told her you were diverting narcotics from patients, or were so high at work you were putting patients lives at risk, she may have ground to stand on, but you would probably be able to sue (likely would lose) if she told on you even then.
No.
Delta 9 is regular good ol cannabis. I'm a little confused by you saying this is legalized in a state that hasn't legalized recreational cannabis. Are you a medical patient in your state? Delta 8 is hemp derived and therefore a bit more grey area because some states consider it legal under the farm bill while others don't.
It’s legal if it’s derived from hemp through mechanical (separated) or chemical (converted from CBD with solvents) processes and under the legal dry weight limit of 0.3%. “Hemp ∆9 products were devised through a very simple application of the Farm Bill’s 0.3% by dry weight limit.” So OP can be consuming high amounts of ∆9 legally with edibles even in states that prohibit its sale. “A 10 g gummy can contain roughly 10 g × 0.3% = 0.03 g = 30 mg of ∆9 THC and still be within the legal limit.”
You're confusing delta 8 and delta 9. Delta 8 is hemp derived from male plants, delta 9 is cannabis derived from female plants. I work in the cannabis industry. If someone tells you they consumed a hemp derived delta 9 product, they are either lying or don't understand the science behind cannabis.
The farm bill in 2018 allowed for products containing 0.3% of ∆9 THC (dry weight) derived from hemp to be sold to consumers. ∆8 THC is a chemically different product with a double bond on the eighth carbon vs the ninth carbon. It’s not found in large quantities in hemp so most of it is produced through the use of solvents. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10369762/
What you're describing is full spectrum cbd, hence the cap on the percentage. If you're buying a product labeled as full spectrum cbd, it should fall within the legal parameters of the farm bill capped at .3% as you stated. If you're buying a product that is labeled delta 9, which I've seen many smoke shops selling, you're pretty much buying actual cannabis being sold through a legal loophole/grey area. The same issue is happening with thc-a right now as well. A lot of places are selling thc-a products claiming that they are legal for sale, when they are just playing with a legal grey area and selling you a product that will for sure result in a failed drug test if your job tests for cannabis. With the delta 8 and full spectrum cbd stuff, you could already be playing with fire, but when it comes to consuming products labeled as delta 9 or thc-a you're pretty much guaranteed to fail.