Professional License Revocation & Medical Marijuana

I

ilust

Bluelighter
Joined
Nov 29, 2007
Messages
45
Hello,

Living in a state that has medical marijuana and very soon about to be finally graduated and being professional licensed as a mental health practitioner, i am concerned with my weekly end of the week Delta-9 relaxation ritual and maintaining my status as a professional.
Does anyone know information relating to or have suggestions of how I can research this more specifically on a state level how a small cannabis possession charge could effect my standing with being a (soon to be) professionally licensed mental health practitioner?
Also, if I were to get registered for Medical Marijuana, is there president for this allowing you (me) to pass a pre-employment drug screening, despite the presence of the THC metabolites, in the same why that having a prescription for a medication that tests positive for an illegal substance, for example dexedrine or desoxyn?

One more random thought -- Are insurance companies informed of medical marijuana status?

Thank you BL Community
 
Depends on the licensing standards in your state.

I would not expect insurance to cover a prescription for marijuana.

I do not think the (state-law) legality of medical marijuana would prevent an employer from deciding not to hire (more probably) or for discharging (less certainly) for a positive marijuana test.
 
I have no good answers for you but these are excellent questions that I too would like to see credibly answered.
 
Legalities are certainly not my specialty, but if I am able to find more definitive answers I will make a post for anyone else in a similar situation to be up to date.
 
There is indeed a seeming conflict between federal and some states' laws on this, especially in California. There have been lawsuits on this -- and the employer has prevailed in certain cases -- with the court noting that the CA law is a criminal protection, not a civil one.

The following was affirmed by the California Supreme Court:

Plaintiff, whose physician recommended he use marijuana to treat chronic pain, was fired when a preemployment drug test required of new employees revealed his marijuana use. The lower courts held plaintiff could not on that basis state a cause of action against his employer for disability-based discrimination under the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.; see id., § 12940, subd. (a); hereafter the FEHA) or for wrongful termination.

http://news.findlaw.com/nytimes/docs/medicalmarijuana/rossragingwire12408opn.pdf
Click to expand...

It is worth noting that there is a difference between what an employer has a right to do and what it does practice. Moreover, you are asking about a professional organization -- which might have a set of marijuana rules that are different than an average employer. Also, the above ruling is based on a very specific situation and set of laws. It's not possible to know for sure how if would apply to your case. (Always consult with a your own hired attorney if you have a legal situation.)

But my guess is that most employers wouldn't tolerate positive marijuana screens from its employees owing to the liability it creates. For example, if you injured someone while you were on the job and your employer knew that you were a marijuana user -- it would mean lawsuits all around.
 
Banquo, thank you for your contribution, that gave me some leads.
 
I know very little about medical marijauna laws in the fine state of California, but I can comment on your medical license and a drug conviction.

The big issue is the way your licensure application asked the question about a prior conviction. Some states are only interested in misdemeanor and felony charges/convictions, while others will solicit your entire arrest history. The "don't ask, don't tell" approach doesn't always work, however, if you are a medical professional with a drug-related conviction you CAN expect it to affect your career in some way. You have to be honest, or you may never practice in your profession. There are professional assistance programs designed to act as your advocate, but their participation usually requires licensure surrender.

I have no idea what a Delta 9 or whatever relaxation ritual is, but the bottom line is, once you become a licensed professional, you have to give up the weed and other drugs, because you will be caught eventually. You are held to entirely different standard.
 
The case Banquo cited is the most current assessment of FEHA/workplace discrimination with respect to MMJ in California. Practically speaking, your recommendation is a confidential part of your medical record and subject to HIPAA protections.

Insurance will (probably) not cover your doctor visit (most MMJ physicians do not accept insurance) nor will it cover your medication. Medication will run you about the same as street prices, but some collectives offer volume or "compassionate" discounts if you are terminally ill, disabled, a veteran, or elderly.

If you are subject to random drug testing, your medical card will not act as a free pass; that's a misconception. Just treat it as a confidential medical matter between you and your physician and you will be fine.
 
You must log in or register to reply here.
Top