Can a nurse be on a pot card?

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I'm a recently discharged vet and as the logic goes, I have ptsd. I do a good job of keeping it from bothering people, but I've picked up a coping mechanism that I'm too scared to ask anyone face to face about. I find marijuana useful, it helps me to escape some troubling thought processes and relate to peers better. I've considered applying for my card so that I won't have to worry about legal repercussions.

I'd never consider showing up to work on the stuff. But I haven't finished my degree yet and I just don't know where the rest of the profession stands on the issue. Can someone tell me how having a pot card will affect my nursing career? I'd rather know now and find an alternative way to cope than set myself back in a big way after all the work I've put in now.

Specializes in NICU, Post-partum.
Federal Marijuana Law

The federal government regulates drugs through the Controlled Substances Act (CSA) (21 U.S.C. 811), which does not recognize the difference between medical and recreational use of marijuana. These laws are generally applied only against persons who possess, cultivate, or distribute large quantities of marijuana.

Under federal law, marijuana is treated like every other controlled substance, such as cocaine and heroin. The federal government places every controlled substance in a schedule, in principle according to its relative potential for abuse and medicinal value. Under the CSA, marijuana is classified as a Schedule I drug, which means that the federal government views marijuana as highly addictive and having no medical value. Doctors may not "prescribe" marijuana for medical use under federal law, though they can "recommend" its use under the First Amendment.

The Drug Enforcement Administration (DEA), charged with enforcing federal drug laws, has taken a substantial interest in medical marijuana patients and caregivers in general, and large cultivation and distribution operations more specifically. Over the past few years, dozens of people have been targets of federal enforcement actions. Many of them have either been arrested or had property seized. More than a hundred are currently in prison or are facing charges or ongoing criminal or civil investigations for their cultivation or distribution of medical marijuana.

The DEA, like local enforcement agencies, can choose how to make the best use of its time. Ideally, the DEA will leave medical marijuana patients and their caregivers alone. But federal law does not yet recognize medical marijuana, and the DEA is currently allowed to use the Controlled Substances Act to arrest people for its use. In many pending and past cases, the DEA and U.S. Attorney's office have used exaggerated plant numbers and inflammatory rhetoric, as well as informants who trade jail time for testimony, to justify enforcing federal laws against medical marijuana patients and caregivers in California and other states.

Federal marijuana laws are very serious, and punishment for people found guilty is frequently very steep. Federal law still considers marijuana a dangerous illegal drug with no acceptable medicinal value. In several federal cases, judges have ruled that medical marijuana cannot be used as a defense, though defense attorneys should attempt to raise the issue whenever possible during trial. Federal law applies throughout California and the United States, not just on federal property. The key to federal property is that they are more likely than non-federal property to have federal officials monitoring it who will bust medical marijuana patients. Most likely, even if a patient is arrested and charged with a minor possession offense, he will be referred to the state authorities where he can assert a medical marijuana defense.

There are two types of federal sentencing laws: sentencing guidelines, enacted by the United States Sentencing Commission, and mandatory sentencing laws, enacted by Congress. The Sentencing Commission was created in 1987 to combat sentencing disparities across jurisdictions. The current mandatory minimum sentences were enacted in a 1986 drug bill.

Federal sentencing guidelines take into account not only the amount of marijuana but also past convictions. Not all marijuana convictions require jail time under federal sentencing guidelines, but all are eligible for imprisonment. If convicted and sentenced to jail, a minimum of 85% of that sentence must be served. The higher the marijuana amount, the more likely one is to be sentenced to jail time, as opposed to probation or alternative sentencing. Low-level offenses, even with multiple prior convictions, may end up with probation for the entire sentence of one to twelve months, and no jail time required. Possession of over 1 kg of marijuana with no prior convictions carries a sentence of six to twelve months with a possibility of probation and alternative sentencing. Over 2.5 kg with no criminal record carries a sentence of at least six months in jail; with multiple prior convictions, a sentence might be up to two years to three years in jail with no chance for probation.

Sorry for the long read...but bottom line is that pot is still illegal in this country. And on a side note, do not use your veteran status as an excuse.....we all suffer from some form of PTSD (I served for five years in the COrps)and use LEGAL means to deal with our stress

Obviously you haven't been reading articles where many STATES are legalizing small quantities of MJ.

This has actually been a huge topic on the news lately.

Here is a link to laws by state:

http://norml.org/index.cfm?Group_ID=4516

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Specializes in NICU, Post-partum.
Ok, just the basics here;

For now, marijuana use (with or without a card) is not compatible with nursing practice, not in any traditional sense. Maybe someday you could find a private job as an RN with an individual who wouldn't mind, but to get there you would need some experience, and to my knowledge, most healthcare employers will not tolerate it.

Search Allnurses for opinions on current practicing nurses using legal substances (State-wide & federally) in a legal way with prescriptions in hand and being on the job. It's controversial, and using prescription meds prescribed to oneself in the way prescribed is legal in every sense. And by prescription meds here I mean things like narcotics, sedatives, benzodiazepines & such.

I encourage you to continue to help your fellow man in ways that you can, but for now, doing it as a current marijuana user is probably just going to bring you a lot of frustration, heartache, and trouble.

I would wager that if you live in a state where medicinal use of MJ is permitted, it would be treated like any other medication and would be illegal to discriminate against someone just because they are exercising their right to treat themselves.

I have never heard of MJ being approved to relieve stress....pain, yes, to facilitate hunger in those with AIDS and CANCER....yes.

But not stress...too many other things you can do to cope.

I don't believe in popping a pill for every stressor in life.

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Obviously you haven't been reading articles where many STATES are legalizing small quantities of MJ.

This has actually been a huge topic on the news lately.

Here is a link to laws by state:

http://norml.org/index.cfm?Group_ID=4516

Yes, a growing number of states are decriminalizing MJ for personal use. However, the Federal laws supercede state law -- the Feds can still come after you even if what you're doing is legal in your state. When CA first passed its "medicinal marijuana" law, there was great controversy about whether the Federal government was going to come in and arrest/prosecute everyone involved under the Federal drug laws. So far, they have chosen not to do so, because they have bigger fish to fry, but they still have that option. Until Federal drug law is changed, the state decriminalization laws are just gestures.

Also, as others have noted here, plenty of nurses have had trouble with their BON over taking legitimate, "regular" medications, legitimately prescribed for them, that may impair their practice. So it's a v. grey area. It's v. hard for me to imagine a BON, any US BON, saying "okay" to THC.

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Specializes in NICU, Post-partum.
Yes, a growing number of states are decriminalizing MJ for personal use. However, the Federal laws supercede state law -- the Feds can still come after you even if what you're doing is legal in your state. When CA first passed its "medicinal marijuana" law, there was great controversy about whether the Federal government was going to come in and arrest/prosecute everyone involved under the Federal drug laws. So far, they have chosen not to do so, because they have bigger fish to fry, but they still have that option. Until Federal drug law is changed, the state decriminalization laws are just gestures.

Also, as others have noted here, plenty of nurses have had trouble with their BON over taking legitimate, "regular" medications, legitimately prescribed for them, that may impair their practice. So it's a v. grey area. It's v. hard for me to imagine a BON, any US BON, saying "okay" to THC.

That is 190%, legally, beyond any shadow of a doubt, incorrect.

The reason you are incorrect, is that every arrest for MJ would be a felony and prosecuted in federal court...and it is not. There would be no need for any state to have any laws in place for the prosecution of MJ.

I suggest that you go to the website and pull up the states one by one and read things regarding medicinal use and tax stamps.

California is not the only state...there are SEVERAL states that have these laws CURRENTLY in place.

You are very confused as to what the issue was on the Federal level with regards to California.

The issue in California, is NOT the individual who has a little bit of MJ for his personal use....but was the SUPPLIERS of the MJ to start with.

In other words...those that choose not to grow MJ at home must grow it somewhere, and there are those that wish to cultivate large quantities of MJ in order to sell it to those on an individual basis.

That is where the federal gov't has a problem with it.

Nurses are NEVER in trouble with the BON for taking medications consistent with their prescription...you have the right to be treated...if you are prescribed 50 mg of something and have serum levels that far exceed what is possible for that amount, then you are making the choice to abuse the substance. PRN only gets you so far with the BON.

It is not a grey area...Obviously you cannot take a narcotic and go straight to work...you certainly should not be allowed to smoke MJ and report straight to work...but if you took it to help you sleep the night before, or smoked MJ to help you cope with pain the night before, then 8 to 12 hours later it is a reasonable conclusion that you are not impaired enough to impact your practice.

If that were true then every nurse that has a prescription for ANY narcotic would have to report it to the BON immediately and have their practice temporarily suspended until a determination can be made to see if the medication impacts their ability to practice safely.

Well all know that doesn't happen...nor does the BON require you to report every med you are on to them...or even to your employer. You are expected to use good nursing JUDGMENT.

I cannot even begin to tell you....how inaccurate your statement is.

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Well, clearly I don't have the extensive experience with marijuana that you do ... Sooo sorry ...

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Specializes in Med-Surg.

In a nutshell: No you can't be a nurse and smoke pot, even if you only smoke it away from work. Most nurse practice acts probably address this issue, as well as most state laws. Not to be judgemental or self-righteous because my opinion on whether it should be legal or not isn't the issue because the law is the law, depending on where you live. Sooner or later you'll fail a urine drug screen, loose your job and lose your license

Nursing and nursing school is a very hard and stressful life and we all need methods of coping. If you need pot to cope with everyday life, and you're unwilling to consider alternatives, nursing isn't for you.

Best of luck in whatever you do.

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OP,

I hope you're still reading. First, let me say welcome home and thank you for your service to our country. Now, sit down. Bottom line, you are self-medicating. PTSD is not a problem you should be trying to handle alone. Smoking helps in the short term, but is not going to solve your problems. You need therapy and you can get it at the VA or at a Vet Center for free. The therapy is hard, painful, uncomfortable work but it is worthwhile work. You will come out better on the other side. You will! I see this everyday and I know it's true. Please, please take care of yourself, do the work. You won't be sorry.

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Just out of curiosity, I did a Google search --

"Medical marijuana has strong support from voters and health organizations. The federal government, however, has resisted any change to marijuana's illegal status at the federal level. The Supreme Court ruled in 2005 in Raich v. Gonzales that the federal government can prosecute medical marijuana patients, even in states with compassionate use laws, and several medical marijuana dispensaries in California have since been subject to Drug Enforcement Administration raids."

(from http://www.drugpolicy.org/marijuana/medical/)

"The federal government, however, has continued to insist that the sale or use of marijuana is illegal under the Controlled Substances Act. This 1970 law designates marijuana as a Schedule I drug that has "no currently accepted medical use" in the United States. Federal authorities also have asserted they can arrest and prosecute all those who use or sell marijuana in California and other states that have authorized medical use of the drug."

(from http://articles.latimes.com/2009/may/19/nation/na-court-marijuana19?pg=1)

http://www.safeaccessnow.org/article.php?id=5784

http://www.safeaccessnow.org/article.php?id=2638

The Justice Department may be choosing not to pursue strict enforcement in states with state laws permitting THC for the time being, but the federal laws haven't been changed. I'm sticking with "grey area." I'm not trying to make a pro- or anti- argument here, but I'm a big believer in understanding risks that one is taking.

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Specializes in NICU, Post-partum.
Well, clearly I don't have the extensive experience with marijuana that you do ... Sooo sorry ...

No, I don't smoke pot. I am just apparently more updated on current events and make the choice to educate myself.

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Thanks for the feedback everyone, I needed the advice to help me make a decision. I finally got my VA appointment and my meds (Zoloft). I also just signed a contract with the reserves, so there's no pot in the future. I'm doing NLP now.

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Specializes in psych, addictions, hospice, education.

It's good to read that you got your appointment and started on medication. NLP can be very helpful too. Way to go!

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Specializes in Medical and general practice now LTC.

Good to see you moving forward, Good luck and remember we are here if you want to chat.

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