Nurses smoking weed?

MunoRN, RN · Jun 17, 2017

I have never used pot and never will, So I am going on what professors have told me, that's all my post referencing it was saying.
See this article. Care to post a rebuttal from a reputable source?
Medscape: Medscape Access

The link doesn't work for me even if I'm already logged in to Medscape, what's the name of the article?

SouthpawRN · Jun 17, 2017

The link doesn't work for me even if I'm already logged in to Medscape, what's the name of the article?

News & Perspective > Legal and Professional Issues for Nurses

Marijuana and Your Job: What You Need to Know

Carolyn Buppert, MSN, JD

DISCLOSURES June 26, 2015

JD is Juris Doctor, AKA attorney.

MunoRN, RN · Jun 17, 2017

It seems like common wisdom around here based on how often it gets repeated, but hospitals are not legally required to enforce federal drug laws. Hospitals can, and some do, chose to only restrict use to being under the influence of marijuana while at work, not during off time. Hospitals are required to abide by the requirements for participation in CMS if they bill medicare or Medicaid, but that doesn't including any requirement to screen employees for marijuana use.

Also, federal laws don't override state laws, under the constitution state laws take precedence. The hierarchy goes: the Constitution, then state laws, then the federal government can make laws with respect to what states and the constitution haven't addressed.

PMHNP10 · Jun 17, 2017

Also, federal laws don't override state laws, under the constitution state laws take precedence. The hierarchy goes: the Constitution, then state laws, then the federal government can make laws with respect to what states and the constitution haven't addressed.

Actually the constitution states the fed laws supersedes state--article 6 supremacy clause

Editorial Team / Admin · Jun 17, 2017

TOS REDIRECT ...

Please stop making this a personal debate with each other; it never ends well.

Just discuss the topic and refrain from snide remarks/personal attacks, etc.

Thank you.

keto · Jun 17, 2017

TOS REDIRECT ...
Please stop making this a personal debate with each other; it never ends well.
Just discuss the topic and refrain from snide remarks/personal attacks, etc.
Thank you.

I agree. Thank you.

MunoRN, RN · Jun 17, 2017

Actually the constitution states the fed laws supersedes state--article 6 supremacy clause

The majority of the judicial system doesn't agree with that as a blanket statement, if they did then the cases regarding state medical marijuana laws wouldn't have been based on the commerce clause instead of article VI.

The current precedent even among textualists is that article 6 only gives to supremacy to federal law derived from the constitution, so if the phrase "marijuana should be banned" or even just "marijuana is bad" were found in the constitution then an argument based on article 6 could be made. There is a smaller group in the judiciary that also holds only federal law only supersedes state law when it protects more freedom than a state law.

If the federal government makes additional attempts to exert authority over recreational and medical marijuana prohibition it will most likely continue to be based on the commerce clause since there are few judges who agree that article VI applies here.

Axgrinder · Jan 23, 2018

As a Rx pharmaceutical I think there is a place for it ... Recreation for a nurse? It will never happen without much to lose.

In my state it's still illegal, which is like asking do I enjoy a little illegal activity in my free time.

Do I wish it was legal? Well, yes. Do it use it? No.

Buckeye.nurse · Jan 23, 2018

Wait a minute, driving under the influence of any susbtance is dangerous? I frequently drive under the influence of caffeine and I guarantee it makes me a safer driver and may even prevent accidents when I am tired. If the surgeon smokes a little every day and has a tolerance then NOT smoking before my surgery would be even scarier. That's like telling a cigarette smoker they can't take a smoke break before performing some stressful test. A smokers gotta smoke. An addiction is an addiction but tobacco is the one that kills. Dosages have yet to be determined by the medical marijuana community. Like I said before, there isn't enough research yet.

Right, and there are plenty of people who drive after taking oxycodone, Clonazapam, flexeril, compazine, etc. (all meds which medical marijuana can replace). They *hopefully* have found which levels of medications they can function under before driving.

I agree with all the above posters that, whatever our personal opinions, using marijuana is not worth risking our professional license. Medical marijuana is legal in my state now, and more patients are starting to ask about it. I don't know my liability in this area, and so always defer them to their physician for questions. Does anyone have any insight or experience with this?

Helenrt · Mar 8, 2018

I think what nurses do on their own time is there business. I have chronic pain and don't sleep it's the only thing that helps unless you want me on opiods at work. I only use it on my days off. Go for it. It's no one's business.

Horseshoe, BSN, RN · Mar 8, 2018

I think what nurses do on their own time is there business. I have chronic pain and don't sleep it's the only thing that helps unless you want me on opiods at work. I only use it on my days off. Go for it. It's no one's business.

Unfortunately for anyone who might take your advice ("go for it"), the BONs and hiring entities DO make it their business. The fact remains that, regardless of what we as individuals may personally believe about the right or wrong of it all, it is illegal on a federal level and a positive screen could definitely result in termination and BON action against one's license and ability to work. That is serious business.

MunoRN, RN · Mar 8, 2018

Unfortunately for anyone who might take your advice ("go for it"), the BONs and hiring entities DO make it their business. The fact remains that, regardless of what we as individuals may personally believe about the right or wrong of it all, it is illegal on a federal level and a positive screen could definitely result in termination and BON action against one's license and ability to work. That is serious business.

There certainly are some BONs that will take action based on evidence of any use, but it's not a blanket rule, BONs have also stated that they are only concerned with evidence of impairment at work or levels of active metabolites while working. Marijuana is federally illegal but BONs are not under the control of the federal government.