Although marijuana may be legal in many areas in California, the use of this recreational drug will impact your career. Many businesses have specific guidelines that employees must follow in regards to recreational drug use. If you are a nurse working in the healthcare industry, you are especially putting yourself at risk for disciplinary action.
Federal vs. State Law Considerations
While California has legalized marijuana for both medicinal and recreational use, it remains illegal under federal law as a Schedule I controlled substance. The California Board of Registered Nursing (BRN) requires nurses to comply with federal law, which means that even legal marijuana use under state law could still affect your nursing license.
Taking Required Drug Tests
In California, many businesses still categorize recreational drug use alongside alcohol consumption. At any time during employment, employees may be required to take multiple drug tests that check for both of these substances. This puts those in the medical field at a higher risk. If your employer sees you are impaired, injured, or made a dire mistake while on the job, they will likely order a drug test. A failed drug test can result in termination from your job as well as a suspension of your professional license.
Types of Workplace Drug Testing
Nurses may be subjected to:
- Pre-employment testing to screen for substance use before starting a job
- Random testing at unannounced intervals
- For-cause testing when an employer suspects impairment
- Post-incident testing following accidents or errors in the workplace
Testing Positive
Drug test failures must immediately be reported to the California Board of Nursing (BRN) who will then determine if disciplinary action is required. Here are other factors that licensing boards take into account when evaluating licensure for those using recreational marijuana.
- Negative work performance reports
- Errors on the job
- DUI arrests
- Marijuana-related convictions
Additionally, the BRN will investigate whether you had a prescription for the marijuana in your system if you were working under the influence and any history of drug or alcohol abuse.
Potential Long-Term Consequences
Beyond immediate disciplinary action, failing a drug test or having a marijuana-related violation reported can affect your professional record, making it more difficult to find future employment or obtain new nursing positions.
Related Article: Can I Lose My Professional License for Using Marijuana in California?
Facing the Board of Registered Nursing (BRN)
Once your board has been alerted of your failed drug test, it’s imperative to contact a professional license defense attorney. The BRN will decide whether or not to file an accusation against you that results in a suspension or a revocation of your California nursing license. Your license defense attorney can help minimize the risk of losing your license and fight for other options such as rehabilitation or entrance into the diversion program.
Specific BRN Grounds for Disciplinary Action
The BRN can take action against a nurse’s license for a variety of reasons. These include unprofessional conduct, substance abuse that affects safe practice, criminal convictions, violations of state or federal law or BRN regulations, and any instances of fraud or deceit in obtaining or using a license. Knowing these categories helps nurses understand why marijuana use, even if legal under state law, can have serious consequences.
Impairment Reminder
Even if marijuana use is legal under California law, being under the influence while on duty is strictly prohibited. Impairment on the job can result in suspension, revocation, or other disciplinary measures, and may also trigger employer reporting to the BRN.
Contact The Nursing License Lawyers at Unlock Legal
If your occupational license is under scrutiny from your licensing board for a marijuana-related violation, the first thing you should do is contact our team at Unlock Legal. We’ve stood before licensing boards to petition for reinstatement, fight against license denial, and defend our clients in administrative law hearings. Our priority is to get you the best outcome possible and handle your case from beginning to end – no matter how long it takes
Unlock Legal provides focused representation in criminal defense and defense for California nursing licensed professionals. Contact Unlock Legal today or give us a call at 949-988-4444 to speak with a professional about your case and your unique needs. You’ll find we are compassionate, easy to talk to, and willing to help in any capacity we can.
