With the adoption of the Adult Use of Marijuana Act (AUMA) and legalization of cannabis consumption in 2016, marijuana use has become a popular pastime for residents including California nurses and health professionals. Unfortunately, this recreational use can impact your professional license. If you choose to consume cannabis products, you need to know how to protect your nursing career. Here are guidelines you should follow.
Avoid Recreational Marijuana on the Job
As a licensed medical professional, it’s imperative that you safely perform your duties while on the job. Your sound mind is crucial when assisting patients or even prescribing treatments and medications. Therefore, it’s extremely important to avoid marijuana use while at work. Working impaired puts the lives of your patients at risk and improper marijuana use can negatively impact your nursing license.
Nurses who wish to enjoy legal recreational marijuana during their personal time must take steps to ensure there is no residual impairment during their shifts. Consider the following:
- Understand THC retention: THC can stay in your system for days or even weeks, depending on usage frequency, metabolism, and body composition.
- Avoid use before shifts: To minimize risk, limit cannabis use to days off or long weekends.
- Choose products wisely: Use low-THC or CBD-dominant products if you want to avoid psychoactive effects.
- Know your body’s response: Be aware of how different strains and dosages affect your mental clarity and physical coordination.
Know How Recreational Marijuana DUIs Impact Your License
Driving impaired, whether from alcohol or drug use, will result in your arrest and a DUI conviction. These convictions directly impact the safety of your nursing licensing. Since all convictions must be reported to your employer and the Board of Registered Nursing (BRN), you will likely be facing disciplinary action that could lead to license suspension or revocation.
Related Article: What happens if a nurse is convicted of a DUI?
Be Prepared for Drug Testing
Although state laws allow recreational marijuana use for California nurses and residents, several medical facilities still follow federal law and frown upon usage for nurses. As a result, many employers require drug testing. If you test positive, you could also be facing disciplinary action by the BRN.
If a nurse tests positive for marijuana but used it off-duty and legally, it’s important to take the following steps:
- Document usage details including date, time, and type of product consumed.
- Seek legal counsel immediately to communicate your case to the BRN or employer.
- Be transparent with your employer (with legal advice) to demonstrate good faith and responsibility.
- Request confirmation of impairment, not just presence of THC, if testing becomes an issue.
Be Aware of State Laws for Traveling Nurses
As a traveling nurse, you visit many states across the country. If you chose to use marijuana, be aware of the laws in your current state. Although your “home base” may be in California, there is still no federal legalization of marijuana in the United States. You could be putting your license at risk if you choose to consume marijuana products and work in states where it’s illegal.
In light of evolving cannabis laws, healthcare facilities may want to reconsider their approach to off-duty marijuana use. A more progressive stance could include:
- Distinguishing impairment from use: Focus on performance and impairment rather than positive test results alone.
- Aligning policy with state law: Avoid punishing lawful, off-duty behavior where legal.
- Updating internal policies: Review outdated zero-tolerance rules that conflict with legalization trends.
- Educating staff: Provide clear guidelines on acceptable use and testing protocols.
What to Do If You’re Being Questioned or Under Investigation
If you’re being questioned by your employer or the BRN about marijuana use, don’t panic, but don’t handle it alone either. Avoid making statements without legal advice, and document everything carefully. Even lawful off-duty use can raise red flags under certain policies.
For a step-by-step guide, check out our related article: What Should I Do If My Medical License Is Under Investigation?
Contact Unlock Legal
You dedicate your life to helping others. We understand the importance of being able to enjoy your time outside of the clinic without putting your nursing career at risk. That’s why we are dedicated to preserving your nursing license. With over 20 years of experience, we can confidently face the BRN on your behalf, manage disciplinary action and investigations to successfully protect your career.
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 nursing license defense attorney 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.
