Tested Positive For THC Pre-Employment Drug Test

What Members Are Saying (AI-Generated Summary)

Members are discussing issues related to failed drug tests for THC and benzos, potentially due to unintentional consumption of CBD products with trace amounts of THC. They are seeking advice on dealing with employers, medical review officers, state boards of nursing, and legal implications, as well as sharing personal experiences and concerns about the consequences on their nursing careers. Some users are also highlighting the complexities of drug testing regulations, state laws, and the need for legal representation in such situations.

About 3 weeks ago, I took some CBD gummies at the local dispensary (weed in legal in Nevada) which had some THC in it. A week ago, I took a pre employment drug screen and it came out positive.

I didn't know it was going to still be in my system by then. I've been trying to read articles and research online but there is not a lot of RECENT information about nurses failing drug tests with THC in legal states.

The hiring manager was so incredibly nice to me she told me to reapply. The drug testing company never contacted me before they sent the results to them which I'm a little upset about.

I honestly thought I was in the clear.

Will they report me to the BON?

Will my license get dinged?

I'm a new grad with less than one year experience and tried these gummies for back pain when Ibuprofen didn't help. It was for a hospital job I currently work at a skilled nursing facility and they never drug tested me which I find odd?

Any nurses have experience with this?

Specializes in LTC/psych.

907_rn. Yes. I had another state license, and it’s also under my compact. But the state still technically open an investigation. They had their attorney contact me. But they used the same information as my home state. And he told me that I wouldnt face any extra penalties. So I just signed and got a reprimand in that state too. 

Specializes in labor/delivery.

Thanks for your help. I’d happily agree with a reprimand over the alternatives. My states aren’t compact, so we’ll see what happens. 

Specializes in labor/delivery.
KyBeagle said:

@Stainahb @RNforthecause 

 I'm thankful to see 2 nurses who didn't NEED a disciplinary or ATD program escape this punishment. Too many times I've come across stories like both yours on this forum, and seen nurses trapped into 3-5 year contracts that they didn't deserve. 

Mainly, though, I just want to thank you both for giving updates. I used to be on this forum quite often, back when I was in my state's 5 year ATD program (which I DID deserve). It can be SO frustrating to come across posts where the OP asked a question but never returned to give an update. In this circumstance, not just ONE but BOTH of you returned a year later with updates on your individual situations. That's wonderful! Just letting you know that's very much appreciated! I'm sorry that you got a public reprimand @RNforthecause but I'm glad you're both otherwise unscathed.

I totally agree! It helps keep me positive going through this all. I can only hope for the best! 

Specializes in ICU.

RNforthecause

I just failed a pre-employment drug test for CBD. So now wondering what is gonna happen. 

Which attorney did you use? 
did you self report? To the board or IPN or both?

Is the public reprimand something employers and schools can see? I am in NP school so. Scared this will impact clinicals. 

Specializes in LTC/psych.

Did the job say they will report you?

Specializes in ICU.

The MRO told me he knows everything under 20 is CBD. Mine was 19. Cut off is 15. I feel like he potential he didn’t follow the procedure properly either. He called three times to verify medications and what not but never left a message and then he sent the report over to the employer. From what I read he was supposed to tell the employer to call him. From talking to him it kind of sounded like he wouldn’t of reported it had he talk to me. I actually do have chronic pain issues and I did not wanna go on any kind of narcotics so I took CBD that I was told had no THC in it but obviously it did. Ironically I had just taking a test for my doctor three weeks prior and it was not positive but this one was. So I’m now really freaking out. There’s supposedly a test now that can determine whether THC came from a hemp Derived source like CBD that sold over the counter versus actual marijuana. But now they’re not allowing me to have my urine sample sent off for that. So I am contacting Attorney but I wanted to know who you used to because if you’re saying they just took your money and didn’t help I want to look for someone different

Not sure. It’s been really cool this entire time and we’re even willing to pay for the additional tests. Ironically it’s for a drug and alcohol rehab. I’ve been in ICU nurse for a very long time but I am in school to become a psych nurse practitioner. I truly did think I was taking something that was THC free and was just doing this so I didn’t have to go on pain medication. Ironically had I been on Percocet I wouldn’t be having this issue. It’s really not fair. But now I’m really worried that this is going to ruin my entire life and my career plus my future career as a nurse practitioner.

Specializes in ICU.

The Future employer has been really cool about it so far and they are trying to work with me. But now the medical review officers saying that that test is no longer being performed. So I'm going to call LabCorp tomorrow to see if they still do it and see what I have to do to get that urine sample sent off. If I retook Itest test it would be negative now because I haven't taken anything in the last couple weeks while dealing with all this. I've also been in so much pain I've been crying but whatever at least I can get a job right.  

How long does it take for all this to happen. Because I'm actually unemployed right now because I took all those travel jobs for Covid and was trying to get a permanent job back home. Is this something that I could hurry up and get employed by somebody before they find out about all of this?

Specializes in LTC/psych.

I used a local attorney in Alabama . If it’s lower than the cut off you should be fine.  Just in case see if you can get a copy of the drug tests from your doctor. And yes CBD is unregulated and that’s the bad part. I walked in a CBD shop and they had a product 10 times the legal limit. Some of the cbd is not packaged accurately. And that is the most sensitive test I have ever heard of with a cut off of 15

Specializes in labor/delivery.

Things have changed a lot. Depending what state your in matters as does the circumstances surrounding the test. State matters as far as legal or not, even if it’s still federally illegal. The NCSBN released guidelines for each state to reprimand under.  I failed for THC, like blatantly failed and the Oregon board completely dismissed my case and  closed it. I did hire a lawyer and although I owed him some money for “nothing” I wouldn’t have had it any other way. Each case is different, never admit anything, don’t self report, and do research on lawyers. 

Specializes in LTC/psych.

Labcorp will send the same sample to a different lab if you pay. And they should pass you if yours is 19. I think it’s worth paying for 

Yeah in Oregon I bet. LOL Alabama is so strict with that kind of stuff. Depends on state. I would def get an experienced lawyer. Make sure they have represented nurses with failed drug tests before and ask what the results were.

Specializes in labor/delivery.
29 minutes ago, Nell002 said:

I'm in a similar boat! Failed drug test for travel assignment right before my start date.  Positive for thc and a benzo.  I also take prescriptions meds I've been on for years that I knew would pop positive, one being a different benzo I had taken that I do not have a prescription for. I'm ashamed and  beyond upset with myself for putting myself in this position. I don't know what happens from here and I'm unsure of what to do, what to expect and how I'll manage to not have an income for an unknown amount of time. 

The agency told me to self-report to the BON and per the recruiter, "after you get the clear, you can come back and work".  However I know the consequences are far more than just getting "cleared" from the BON.  I consulted with an attorney who told me I'd be notified I'm under investigation via email or certified mail.  This was about two weeks ago that the agency told me this.  I know every state BON is different, but can anyone shed some light/share on how long it took for them to be notified they were under investigation? The attorney said after I receive notice, it can be anywhere from 3-6 months before the BON makes a decision.  She said its possible (but she doesn't foresee that based on what I told her) the BON might want to put me in an HPMP for substance abuse/misuse.

 I haven't heard great things about this program other than it's a years long and is extremely expensive.  To further complicate things, I bought a house/fixer-upper in a different state than my home state.  I'm about to move to that state, which is also a compact.  I want to keep travel nursing, but now I don't know what to do.  Feeling ashamed, regretful and not knowing what/when to expect notice or what I can do from here, is causing me great anxiety ? 

Any responses are greatly appreciated!!

Thanks

It took me a month, from the time my agency reported me to the time the BON dismissed my case. Since I had nothing on my record they dismissed and closed the case and it was relatively fast. This was in Oregon. It truly does depend on the state and whether or not it’s a legal state. I know it is still federally illegal, but the NCSBN released a notice to all boards on how they should handle marijuana offenses based on legality in the state used and if it was a work related cause or a simple UDS. I did not self-report, as I was already being reported, however I did hire an attorney just in case I needed them. Thank god I didn’t. I wish you the best and all the luck. 

Specializes in LTC/psych.

I didn’t know they could find out the specific benzo. Wow

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