How does BON handle + marijuana screens from nurses in states that have legalized it?

[Neveranurseagain]

I see that Arizona has just voted in to legalize medical marijuana if you have a recommendation from an MD. How does the BON in the states that have legalized medical marijuana react if you test positive but have an RX from an MD for it? Anyone had any experience with their BON or know their policies?

[caroladybelle, BSN, RN]

it looks like the arizona bon may not be able to discipline nurses who test positive:

here is the actual statute:

"b. a registered qualifying patient or registered designated caregiver is not subject to arrest, prosecution or penalty in any manner, or denial of any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau"

30 facts about arizonas new medical marijuana law | the norml stash blog

i still suspect that a nurse would still be prone to getting busted on the national level. since mj is illegal nationally, prescription or no, the nurse gets busted with a federal crime, and then the bon takes your license because of federal charges against you. or something along those lines.

federal law trumps state laws. and a state run licensure board cannot necessarily permit you to do something that breaks federal law. while the state may write the law, the federal law still overrules when it is stricter.

of course, some things are illegal yet enforcers of the law may choose to ignore. several states bar the use of mood modifying substances by nurses, yet ignore the large number of us that use antidepressants.

[klone, MSN, RN]

Both DH and I used to "partake" in our youth. We are friends with a physician who would LOVE to give us a card (he even said "Oh, that would be fun! You'd be my first card!"). Nevertheless, neither of us think it's wise or worth our nursing licenses.

[azhiker96, BSN, RN]

it looks like the arizona bon may not be able to discipline nurses who test positive:

here is the actual statute:

"b. a registered qualifying patient or registered designated caregiver is not subject to arrest, prosecution or penalty in any manner, or denial of any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau"

30 facts about arizonas new medical marijuana law | the norml stash blog

i suspect this is referring to home possession and use. surely it's not intended to cover impaired driving or a nurse or other professional who is impaired at work. there are certain people who i'd like to be on top of their game such as my surgeon, nurse, airline pilot, police, firemen, etc.

[Neveranurseagain, RN]

I suspect this is referring to home possession and use. Surely it's not intended to cover impaired driving or a nurse or other professional who is impaired at work. There are certain people who I'd like to be on top of their game such as my surgeon, nurse, airline pilot, police, firemen, etc.

You are right--this would never cover a nurse that is impaired at work. But it looks like it would prevent the BON from sanctioning nurses who test positive for marijuana on a random drug screen.

I'm actually surprised it passed in Arizona. I thought AZ was a red neck, Republican, conservative state.

[One2gofst]

I'm actually surprised it passed in Arizona. I thought AZ was a red neck, Republican, conservative state.

Nice. :yawn:I thought saying things that make other members feel unwelcome were frowned upon. Not very open-minded or inclusive of you

[Neveranurseagain, RN]

Nice. :yawn:I thought saying things that make other members feel unwelcome were frowned upon. Not very open-minded or inclusive of you

I live in Arizona! The county I'm from is very conservative, redneck, and Republican! All the things I'm not LOL! It was a total Republican sweep this election. That's why I am so shocked it passed! The choice of hats in my county is a cowboy hat and a lot of people pack guns strapped to their legs. Arizona is not known for its open mindedness. Sorry if I offended you or anyone else from AZ. That was not my intention.

[nursel56]

Legal medical marijuana passed in California several years ago. As it is still illegal at the federal level and nurses fear the consequences of a positive test for THC, not too many nurses have fought for their right to partake off the job for medical reasons.

[cjar107013]

I'm actually surprised it passed in Arizona. I thought AZ was a red neck, Republican, conservative state.

Look at the counties that voted for it: AZ - Election Results

This might indicate that not all of Arizona is as conservative as you think (hint- Flagstaff and Tucson).

Also, Arizona as a whole didn't used to be so conservative; they've passed medical marijuana laws before in the past: Arizona Proposition 203 (2010) - Wikipedia, the free encyclopedia

I'm not going to say whether the proposition is right or wrong, but I asked a Hospice person from Arizona today if they had any plans for this law taking effect and they said their current position is that inhaling would be bad compared to Marinol.

[Neveranurseagain, RN]

Here is how my county voted on Prop 203, the Medical Marijuana prop:

Yes: 44.85%

No: 55.15%

Pima County voted overwhelmingly for Prop 203 and was responsible for passing 203 as was Coconino County where Flagstaff is.

The patients I have come into contact with that have used medical marijuana didn't smoke it, they ate it in food. The last time marijuana was approved in AZ, you had to have a prescription for medical marijuana and the DEA threatened to arrest any MD that prescribed it. Now an MD's RX is not required, just a recommendation. The problem with Marinol is that it costs upward of $600-$800 a month. Hopefully by limiting the number of dispensaries to one for every 10 pharmacies, they will not have the problem other states have had where they are on every street corner. Only time will tell.

[Davey Do]

One of the reasons marijuana is released as a metabolite at different times by different individuals is due to the fact that cannboids embed themselves in the phospholipid layer of the cell. More fat = slower release.

And, cannaboids do have a cumulative effect, in that, if more is smoked, there's a longer release, or excretion time.

Anyway, that's my understanding. It might even be based on fact.

Way back when, a person taking ibuprofen, which was prescripion drug at the time, COULD test positive for cannaboids. Some used that as an excuse. (Not me. And I'll deny it if you say I did.)

Of course, the testing methods have made quite a few advances since then.

This is one interesting discussion, I might add.

Dave

[Bortaz, MSN, RN]

Use or possession of marijuana is a FEDERAL CRIME, which cannot be pre-empted by any state law. Your state may allow you to use mj (medical or otherwise), but you are still in violation of federal law and CAN be prosecuted for it. Now, I'm not saying you WILL be, but yeah.

I'd imagine the BONs of most states would still punish you if you were prosecuted for a federal drug crime.

ETA: Of course, now that I've read the thread, I see that I'm just the 27th person to say this. :)

[BabyLady, BSN, RN]

Use or possession of marijuana is a FEDERAL CRIME, which cannot be pre-empted by any state law. Your state may allow you to use mj (medical or otherwise), but you are still in violation of federal law and CAN be prosecuted for it. Now, I'm not saying you WILL be, but yeah.

I'd imagine the BONs of most states would still punish you if you were prosecuted for a federal drug crime.

ETA: Of course, now that I've read the thread, I see that I'm just the 27th person to say this. :)

However, that hasn't been tested in ANY federal court, thus the controversy.

Boards of Nursing are State, not Federal organizations.