Novant Health reporting drug tests to Meck Sheriff?

11B CIB

11B CIB

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Saw this on Instagram. Apparently a guy got a letter from Meck Co sheriff saying his permit was being revoked because Novant reported a positive THC test to them. How is that possible?

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If you want to discuss the legality of weed, start another thread. This is focusing on how a healthcare provider can take your records and turn them over to LE voluntarily without a warrant or however it’s done
 
It says that the guy has tested positive for a medicinal plant with his healthcare provider before. Maybe he was in a medical mj state and had a card before he moved here? IDK? Do states with medicinal marijuana cross reference pot cards when someone applies for a permit? I still don't see how that would affect his application here?
 
Meck has an anti gun anti constitution sanctuary sheriff.
You can be here sent a letter to every hospital and clinic in the county claiming here has the authority to compel them to forward all test results to the sheriff's office.
If that turns out to be the case he must new prosecuted under federal law.

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I am calling bullshit on this one. There is no way that Novant Health turned over an individuals healthcare records to the police with out a waiver or explicit permission.
 
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Since the whole letter is blocked out and we can't read what it really says I'm in the same thought that there is WAY MORE to this story. All you have to do is block out your name and address and let us read the body of the letter. That letter could say anything.
 
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We’ll see I guess. I’m not defending the guy one way or the other, just posting what I saw due to the location

I thought there might be some Meck folks who could look into this or ask around.

I know I just had to opt out of the VA sharing my medical info based on a change in their privacy policies. The list of the possible recipients was very large and included law enforcement
 
I’ve been trying to do some research on this

The HOPE act passed in NC in 2018 gave law enforcement real time access to the Controlled Substance Reporting System

If the hospital reported to the CSRS that he tested positive for Marijuana/THC and Meck Co cross checked their Concealed Carry Licenses with anyone who appeared on the CSRS for whatever reason...not too far fetched

Also, Novant’s privacy practices say a patient can request a list (dating back six years) of any health information disclosures and who made them. Seems like this should be easy to track down.
 
I put the blame (if true) more on Novant than on the Sheriffs department. That said I smell a big smelly dog turd trying to pass something off that isn't so.
 
I wouldn't be surprised if this doesn't start happening more often.

I'm glad I don't have to worry about this issue for myself ,they can test all they want.
 
In a Kinda related issue...local HCPD officer in line a Wally World. [this officer has been here a lot]. A woman in front of her went ballistic on the "checker". Officer sees Crazy has CWP in her billfold. Officer gets info from "checker". Officer calls SLED and says woman is not stable and does not need CWP. Next DAY a SLED agent goes to woman and Takes her CWP.

Now....who's not concerned about The Red Flag Law???? If they want you....they'll have you.
 
I'm putting this in the More to the story category.
A: The letter is so redacted it could say anything.
B: A deputy came to drop off what would be an official notice and left it with their spouse / significant other.
C: Went to the ED for "anxiety", my suspect theory is there is a mental health component to this more than a positive screen for THC that the poster is withholding.

I think if I received such a letter I'd consult with a legal expert to challenge and overturn that decision,than post it online. Also I think if I were going to redact a letter I'd make sure my IG profile didn't link me to a GoFundMe page, with my name.
 
Mike Overlay said:
Oh I get it now. Guilty untill proven innocent in a court of law.
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Guilty when you open your mouth and admit to the popo you're a daily smot poker.

Sheriff has authority over the permits. Does he need a judge involved? I dunno.
 
Catfish said:
Guilty when you open your mouth and admit to the popo you're a daily smot poker.

Sheriff has authority over the permits. Does he need a judge involved? I dunno.
Click to expand...

He told his psychiatrist, not the cops, when he was in counseling for losing his three children


And this was posted:

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NoNameHaveI said:
Does that make it ok? Are we really splitting these hairs?
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I didn't say it did. The original post was talking about the guy losing his CHP. I simply pointed out that the document didn't mention anything about carry permits, just purchase.
 
I am still calling bullshit. There is more to the story. Hospitals only release this kind of info when they are subpoenaed. There is solid case law where this info is protected. Hospitals and Drs are not in the law enforcement business. They avoid this type of thing like the plague. They will only disclose when presented with a subpoena. They have been sued and lost for stuff like this. There is a mental health component or another legal issue at play here. I assume losing 3 kids means he lost custody. I am willing to bet there is a custody or restraining order involved. There was a legal reason why this info was accessed and the permit & CHP were revoked. If it was real he would be contacting a lawyer not posting on Instagram.

I would bet there is a legal case where his drug use was brought into question along with the guns. I am willing to bet that the mother of the children tipped off law enforcement about the positive test and drug use. We can get all indigent about it but if he is a daily user of pot then he is in violation of both the pistol permits and his CHP. In addition he has also probably lied on his 4473.

PS the letter shown in the original post is not the letter shown later. The formatting is completely different.

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I can't speak for Novant, but I can from a previous experience working in toxicology:

When we ran a sample, we ran it for the entire panel of licit and elicit drugs. Many of the facilities we tested for were pain management centers that didn't specifically want illicit compounds. Even if, after the fact, they decided they wanted to know the results of the illicit panel, which were right in front of us, they would have to resubmit a requisition form to know the results, and in some cases, by state law, have to send an entirely new specimen.

His story looks legit, but I have a hard time believing there ain't more to the story, such as a legal issue.
 
Ok so read the letter so let's go to the statue listed in the letter and possibly find a possible answer:


(h) The sheriff shall revoke any permit upon the occurrence of any event or condition subsequent to the issuance of the permit, or the applicant's subsequent inability to meet a requirement under this Article, which would have resulted in a denial of the application submitted to obtain the permit if the event, condition, or the applicant's current inability to meet a statutory requirement had existed at the time of the application and prior to the issuance of the permit. The following procedures apply to a revocation:

(1) The sheriff shall provide written notice to the permittee, pursuant to the provisions of G.S. 1A-1, Rule 4(j), that the permit is revoked upon the service of the notice. The notice shall provide the permittee with information on the process to appeal the revocation.

(2) Upon receipt of the written notice of revocation, the permittee shall surrender the permit to the sheriff. Any law enforcement officer serving the notice is authorized to take immediate possession of the permit from the permittee. If the notice is served by means other than by a law enforcement officer, the permittee shall surrender the permit to the sheriff no later than 48 hours after service of the notice.

(3) The sheriff shall insure that the list of permits which have been revoked is immediately updated so that any potential transferor calling to check the validity of the permit will be informed of the revocation.

(4) A permittee may appeal the revocation of a permit pursuant to this subsection by petitioning a district court judge of the district in which the permittee resides.

(5) Any person who willfully fails to surrender a permit upon notice of revocation shall be guilty of a Class 2 misdemeanor.

(i) A person or entity shall promptly disclose to the sheriff, upon presentation by the applicant or sheriff of an original or photocopied release form described in subdivision (5) of subsection (e1) of this section, any court orders concerning the mental health or capacity of the applicant who signed the release form. (1919, c. 197, s. 3; C.S., s. 5108; 1959, c. 1073, s. 2; 1969, c. 73; 1981 (Reg. Sess., 1982), c. 1395, s. 1; 1987, c. 518, s. 1; 1995, c. 487, s. 2; 2006-39, s. 1; 2006-264, s. 4; 2008-210, s. 3(a); 2009-570, s. 7; 2010-108, s. 4; 2011-2, s. 1; 2011-56, s. 2; 2011-183, s. 13; 2011-268, s. 10; 2013-369, s. 17.2(a); 2013-389, s. 2; 2014-115, s. 23.5(a); 2015-195, ss. 10(d), 11(c), (f), (j); 2016-77, s. 9(a).)


So to me it looks like they issued the permit possibly before getting the medical release back that you have to fill out and found something that disqualified the person once it came back. Seems like it must be a fairly common thing to have an entire sub section in the statute. So it seems like those issues were before his permit was issued.
Don't know this to be truth but it seems more plausible than the hospital just sending over random dudes medical records.
 
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