Published Aug 4, 2015
JB-RN
10 Posts
I saw a thread quite awhile back about medical marijuana use with nurses. I was just wondering if there are any nurses out there who are patients or know about any supreme court precedents in place or in process? I have chronic pain and do not want to use opiates and would much rather use medical marijuana. I lives in WA state where it is totally legalized (not that it makes a difference)
Any input is appreciated,
Thank you.
Sun0408, ASN, RN
1,761 Posts
While it may be legal that doesn't mean employers have to hire you or continue your employment if you test positive. Similar can be said about your BON, they may not agree with it's use. The BON website might give you some insight as well as your hospitals policy on THC
roser13, ASN, RN
6,504 Posts
I predict an uphill battle for you. The medical profession and the public have a very long way to go before marijuana use is acceptable in a healthcare provider. Or in any responsible position, for that matter.
JustBeachyNurse, LPN
13,957 Posts
It's still against federal law therefore the Supreme Court would not decide in favor of the healthcare worker that decided to use it for medicinal purposes.
Just like there is no legal precedent that while alcohol is legal, an employer or board of nursing can take action against an employee that comes to work under the influence of alcohol or drinks alcohol at work. The same for prescribed narcotics, several BoNs prohibit nurses from the practice of nursing while using narcotics, even if prescribed.
A prescription does not automatically protect employment or a professional license
I just got off the phone with the Washington State Board of Nursing. It sounds like the same rules apply as said above to opiates, alcohol, etc. The only way they will take disciplinary action on a license is if it was a case of impairment on the job according to the nurse I talked to. However, there is no protection from an employer if you test positive for THC. If it is against their policies and they test for THC they can fire you on those grounds and likely mark you as a not eligible for rehire.
Dogen
897 Posts
My employer in Oregon recently sent out an email saying essentially this exactly: it's illegal under federal law, if you test positive we'll fire you. In a recent case in Colorado of a cable or satellite installer, who was fired for smoking pot, that state's supreme court upheld the termination. So, I wouldn't expect to find and leniency from an employer, even if the BON didn't hold it against you.
That raises another question OP, what is considered impaired ie testing positive?? THC can be detected for a long time using the basic UDS. Too much unknown for me.
OrganizedChaos, LVN
1 Article; 6,883 Posts
I wouldn't push it. Just because it's legal in your state & your state BON said they wouldn't take action unless impairment on the job, just don't do it. I would find another route to go for treating your pain.
MunoRN, RN
8,058 Posts
There are test for both inactive metabolites of the drug as well as active circulating drug. Washington and Colorado use a cutoff level of that test to define being under the influence of an impairing level of drug.
KeepItRealRN, BSN, RN
379 Posts
It is interesting that someone with chronic pain can work under the influence of prescription narcotics, but MM, oh no's.
Asystole RN
2,352 Posts
One is illegal, the other is not.
Impairment is still impairment though, regardless if it is prescribed or not.
blondy2061h, MSN, RN
1 Article; 4,094 Posts
I had a coworker who faced disciplinary review for being considered impaired when she made some poor decisions when she was advertising that she was using benzos that were legally prescribed to her at work. I don't know what the outcome was. I do know she's no longer employed at my facility.