Recreational use of marijuana is common for many professionals in California. However, this choice can have devastating consequences for nurses that smoke weed. Being caught with a DUI or a failed drug test can lead to heavy fines, nursing license suspensions or even revocations.
Laws Regarding Cannabis Use for Nurses
Federal vs. State Law
Recreational cannabis is legal in California, but as a nurse, you have to navigate the federal and state laws. Cannabis is still illegal at the federal level, which creates a dilemma for healthcare professionals who are subject to federal regulations and state laws. Federal law can impact healthcare settings that receive federal funding, which may have stricter drug policies regardless of state legalization. As a nurse, you need to understand that state legality doesn’t mean you are protected from federal consequences or workplace policies that prohibit cannabis use.
Workplace Policy Implications
Healthcare settings have strict no-drug policies regardless of state legalization. Even with California legalization, many hospitals and clinics prohibit cannabis use to ensure patient safety and federal guidelines. As a nurse, you need to understand that workplace policies supersede state legality, and violating these policies can result in serious disciplinary actions.
Here Is What You Need To Know Before You Indulge in Recreational Marijuana
Recreational Legalization Doesn’t Apply to All Nurses’ Employers
California voters legalized recreational use of marijuana in 2016, and shops that sell marijuana for recreational use began legally operating in 2018. However, many employers still enforce a no-drug policy. It’s important to stay in compliance with your employer’s policies.
Your License Can be Suspended for a Failed Drug Test
If you test positive for marijuana on an employer’s drug test in association with an error while on the job, you could face disciplinary action with the Board of Registered Nursing (BRN), leading to license suspension.
DUI Convictions Will Impact Your License
DUI arrests are not only embarrassing, but they impact your license for years. If you are arrested for a DUI after using marijuana, you will be subject to disciplinary action with the BRN.
Refusing a Drug Test Puts Your License at Risk
Your employer may request that you take a drug either by random selection or because of low job performance. Refusing to take this test could result in serious consequences. Your employer will see this as a red flag and assume you are improperly using marijuana.
The BRN Can Investigate Your Nursing License
Upon failure of a drug test after a mistake on the job, the BRN is likely to investigate whether your recreational use is negatively impacting the safety of your patients.
Related Article: New Professional License Laws Nurses Should Know
BRN Factors in Prescriptions and Recreational Use
During an investigation of your nursing license, the BRN will consider both prescribed and recreational marijuana use to determine if disciplinary action is needed for your license.
BRN Could Require You To Enter a Diversion Program
If the BRN finds grounds for disciplinary action for your licensing, you may be required to enter a rehabilitation or diversion program. This would require you to temporarily step away from your duties as a nurse.
Working Impaired or Showing Up With Drug Residue Is Prohibited
Marijuana use while on the job will immediately lead to disciplinary action and potential termination from your employer. Showing up to work with residue from previous use can also put your license at risk. Even if you are no longer feeling the effects of your marijuana consumption, healthcare employers can still request a drug test if you smell like pot, or even if you look like you’ve been consuming cannabis.
Related Article: Impacts of Marijuana Use On California Nursing Licenses
Healthcare Employers May Deny Employment From a Positive Drug Test
Marijuana can remain in your system up to 30 days after you have consumed it recreationally. Depending on the type of drug test your new employer requires, you may be denied employment if there are traces of marijuana still in your system.
It Can Take Up to Two Years to Petition the BRN for Disciplinary Action Related to Marijuana Use
If the BRN decides to pursue an investigation of your license after a positive drug test or on-the-job mistake, you may be required to face your board to appeal their decisions. This is a lengthy process and could put your career on hold for years.
Drug Testing and How It Affects Nurses
Types of Drug Testing
Nurses may be subjected to several types of drug tests, each with different detection windows. Urine tests, which are the most common, can detect marijuana for several days to weeks after use. Hair tests, which are often used for more comprehensive testing, can detect cannabis up to 90 days after use. Saliva tests have shorter detection windows, generally within 24-72 hours. As a nurse, you need to know what type of test your workplace uses, as each has implications for recent or past cannabis use.
Medical Marijuana Cards
Having a medical marijuana card doesn’t mean you are 100% protected as a nurse. While it allows you to legally purchase and use in California it doesn’t exempt you from workplace testing or disciplinary actions. Employers can still enforce drug-free workplace policies, and the BRN can still take action if cannabis use affects your job performance.
Latest Regulatory Changes and Trends
Current Updates
As cannabis laws change, the BRN may issue new guidelines or regulatory changes affecting cannabis use for nurses. Stay up-to-date with these changes so you can be prepared for any changes in disciplinary policies regarding marijuana use.
Nursing Policies
In states where recreational cannabis is legal, some healthcare employers are starting to loosen up their policies. However, this is still rare and depends on the specific healthcare facility’s standards and practices. Monitoring these trends will help you as a nurse understand and navigate the future of cannabis use and employment policies.
How a License Defense Attorney Can Help
A professional license defense attorney can be a lifesaver if you’re facing disciplinary action. They can guide you through compliance with state laws and workplace policies and advise you on how to handle BRN investigations and charges. Getting an attorney early can also prevent misunderstandings and protect your career by addressing issues before they become problems.
What Should Nurses Do If They’re Facing an Investigation?
If your medical license is being investigated for marijuana use, don’t face the board alone. Recruit the help of a professional license defense attorney to help protect your career and get you the best outcome possible from your investigation.
Unlock Legal provides focused representation in criminal defense and defense for California licensed professionals. Contact Unlock Legal today or give us a call at 949-997-1471 to speak with a professional about your case and your unique needs. You’ll find our nursing license defense attorneys are compassionate, easy to talk to, and willing to help in any capacity we can.
