California marijuana legalization

Advanced Practice Columnist / Guide · Apr 3, 2017

Old blog article but pretty much sums up the issues around recreational marijuana use if you're a nurse....

Marijuana Legalization and Potential Workplace Pitfalls for Nurses Who Partake - Off the Charts

offlabel · Apr 3, 2017

klone said:
I've worked in two states where THC is legal recreationally (Colorado, Oregon). In both states, most facilities still require their nurses to NOT smoke marijuana, and if it is detected through a UDS, it's a fireable offense.

Then the facilities risk liability for unlawful termination. The state has determined that smoking weed is legal and employers have no say in what legal activities employees engage in on their off time.

As long as there is no impairment on duty, the hospital has no jurisdiction. Get a lawyer and have the hospital pay fees when you win.

klone, MSN, RN · Apr 3, 2017

offlabel said:
Then the facilities risk liability for unlawful termination. The state has determined that smoking weed is legal and employers have no say in what legal activities employees engage in on their off time.
As long as there is no impairment on duty, the hospital has no jurisdiction. Get a lawyer and have the hospital pay fees when you win.

But it's illegal FEDERALLY. And in an at-will state, a hospital can fire you for any reason, or no reason, as long as it's not a protected reason (gender, age, ethnicity, etc).

Elky · Apr 3, 2017

Since this issue is so new and many policies and limitations have yet to be defined, I assume many aspects of that situation would be uncertain.

if that happened to me, personally, I would indeed get a lawyer and sue the hell out of them. No precedence has really been set legally one way or the other, and until a big case develops and gains media attention, confusion will continue to ensue.

Horseshoe, BSN, RN · Apr 3, 2017

offlabel said:
Then the facilities risk liability for unlawful termination. The state has determined that smoking weed is legal and employers have no say in what legal activities employees engage in on their off time.
As long as there is no impairment on duty, the hospital has no jurisdiction. Get a lawyer and have the hospital pay fees when you win.

These policies have been challenged in court and have been upheld.

Hospitals are also firing or not hiring people who test positive for nicotine.

Pot smokers and cigarette smokers are not a protected class.

klone said:
But it's illegal FEDERALLY. And in an at-will state, a hospital can fire you for any reason, or no reason, as long as it's not a protected reason (gender, age, ethnicity, etc).

Yep.

Horseshoe, BSN, RN · Apr 3, 2017

Elky said:
Since this issue is so new and many policies and limitations have yet to be defined, I assume many aspects of that situation would be uncertain.
if that happened to me, personally, I would indeed get a lawyer and sue the hell out of them. No precedence has really been set legally one way or the other, and until a big case develops and gains media attention, confusion will continue to ensue.

Colorado Supreme Court upholds firing of medical marijuana-smoking Dish employee | FOX31 Denver

Of note: the fired worker uses marijuana for medical reasons, and the court still ruled against him.

I believe a court in Connecticut did rule for a fired worker. But that worker was not a nurse. Additionally, the ruling simply held that he should have been given another chance before being fired, not that he is entitled to use pot and keep his job. We are held to different standards because we are in a position to hurt others if we are impaired.

Facilities nationwide are legally firing/not hiring cigarette smokers.

Cigarette smokers and pot users are not a protected class.

Litigation like this can be expensive. Not all lawyers take cases on contingency.

Note I'm not saying any of this is "fair", just that it is not illegal to decline to hire someone who imbibes or fire someone who tests positive.

klone, MSN, RN · Apr 3, 2017

Elky said:
No precedence has really been set legally one way or the other, and until a big case develops and gains media attention, confusion will continue to ensue.

Yeah, it has actually. In Colorado.

ItsThatJenGirl, CNA · Apr 3, 2017

ModernRN said:
Because we are nurses we can't have the same rights as any other non healthcare individual? What a crock!

I used to get randomly tested when I worked in a grocery store. It's certainly not exclusive to nursing, or even health care. It's at the discretion of the employer.

amzyRN · Apr 3, 2017

I think it's stupid in my opinion, the restrictions against MJ, both medicinally and recreationally. Most employers forbid it however. I think it's wrong that a person with chronic pain would be restricted from use of MJ, but they can use narcotics and work, which for some people intolerable.

Maybe the laws will change some day that permits MJ on a federal level. The fact is that if you test positive you can be punished by the BON. You could contact your employer's HR and ask what the policy is. Most employers I've worked for test for pre-employment and for reasonable suspicion. Some employers do random drug testing.

malamud69, BSN, RN · Apr 3, 2017

Sour Lemon said:
I've never known a hospital (or other nurse employer) that didn't drug test as a condition of employment and require consent for random drug testing on top of that. And yes, you will be fired if you test positive ...not to mention probably reported to the BON. Marijuana use and nursing are not compatible for individuals who wish to stay licensed and employed.

Yes...and yet sadly alcohol is somehow "acceptable"...the hypocrisy is sickening in this country...I'd much rather work with a person that uses marijuana now and then. Oh yeah...science tells us absolutely zero deaths can be cobtributed to marijuana usage yet...hmmmm...lets see...I work cardiac...I'd say 99% of my patients drink and/or smoke cigarettes...ah yes...the grand scheme with Sessions and the rest of the lunatics is now coming to fruition...

Libby1987 · Apr 4, 2017

malamud69 said:
Yes...and yet sadly alcohol is somehow "acceptable"...the hypocrisy is sickening in this country...I'd much rather work with a person that uses marijuana now and then. Oh yeah...science tells us absolutely zero deaths can be cobtributed to marijuana usage yet...hmmmm...lets see...I work cardiac...I'd say 99% of my patients drink and/or smoke cigarettes...ah yes...the grand scheme with Sessions and the rest of the lunatics is now coming to fruition...

To both poster quoted and everyone else directing criticism to the employers..

This is the society we live in, one full of hypocrisy. When the majority of society decides marijuana use is acceptable and testing parameters are established then employers can follow suit. But when society as a whole votes marijuana as illegal, there's too much liability. That's not on the govt or the employer, iit's on most of everyone we share this country with.

Take it up with your friends and family, unless 100% of them support legal recreational and medicinal use and positive pre employment screens at the polls.

malamud69, BSN, RN · Apr 4, 2017

Libby1987 said:
To both poster quoted and everyone else directing criticism to the employers..
This is the society we live in, one full of hypocrisy. When the majority of society decides marijuana use is acceptable and testing parameters are established then employers can follow suit. But when society as a whole votes marijuana as illegal, there's too much liability. That's not on the govt or the employer, iit's on most of everyone we share this country with.
Take it up with your friends and family, unless 100% of them support legal recreational and medicinal use and positive pre employment screens at the polls.

I am absolutely directing this at "society" corporate employers are merely extensions of that hypocrisy...thanks for taking notice...we all know once corporate america starts making profit then all the "idealogy" and "moral" outrage toward marijuana will simply cease to exist...doubtful in my lifetime...we shall see