Professional license lawyer explains when nurses and doctors can smoke weed in legal states, and use CBD oil products. Can Nurses Use CBD Oil? CBD is generally sold processed in an oil and has been recognized as a remedy to pain, insomnia, anxiety, and a wide variety of other medical conditions. In the coming Nurses Day and CBD The first time I did a presentation about cannabis was during my final year of nursing school. In policy class, I had to present a healthcare policy issue I was passionate
Can Doctors, Nurses Smoke Marijuana? (License FAQ)
Recreational and medical use of marijuana, CBD, and cannabis products are legal in many states across the US. However, there are issues that doctors, nurses, and other healthcare license holders should be aware of before they do smoke weed, pot, hash oil, honey oil, or use medical marijuana or other psychoactive THC products.
Licensed healthcare workers are subject to more restrictive marijuana use standards than the general public, even with a medical card and even in legal states, such as California, Colorado, and Washington. Our professional license defense attorney published this guide to help you avoid triggering license board or employer disciplinary actions that put your career at risk.
Marijuana, CBD, medical, and nursing license FAQ
Here our nursing license defense attorney reviews seven common questions professionals have about cannabis, cannabidiol (CBD), tetrahydrocannabinol (THC) and medical marijuana:
1) Can nurses smoke weed?
Nurses can smoke weed in legal states, like California and Colorado, as long as:
- the nurse is not impaired when treating patients,
- they follow their employer drug policies,
- they do not work for the federal government, and
- they do not violate DUI or other drug criminal laws.
The primary issue for nurses is that most nurse employers prohibit marijuana use, even when legal. Even if recreational or medicinal marijuana use is permitted under a state’s laws, employers have the right to maintain a drug-free workplace for safety-sensitive positions. They can terminate nurses who smoke weed for failing a drug test, even when they have a medical card. Each employer establishes their workplace policy for drug usage, and you should consult HR to understand yours. Employers are entitled to require a pre-employment nurse drug test as a condition to employment.
The federal government still categorizes marijuana as a Schedule I controlled substance. Federal employees are not permitted to use medicinal or recreational marijuana regardless of state laws, nor whether they have a medical card. The Veteran’s Health Administration, Department of Health and Human Services, and other federal agencies can fire nurses for using marijuana.
Testing for THC impairment is complex since no drug tests reliably measure whether someone is currently impaired. Unlike alcohol usage, a nurse can test positive for marijuana use weeks after their last usage.
Arguing that THC impairs someone typically requires combining drug test results with other objective signs of impairment to establish a totality of evidence. Using cannabis can add risk for nurses that if a workplace incident occurs, the employer or nursing board could argue that the incident was due to drug impairment at work.
Multi-state travel nurses must take extra care to be aware of the marijuana laws in every state they are licensed to practice. Legal use in one state can trigger a failed drug screening test at a new assignment in another.
If the level of marijuana usage turns into a substance abuse problem that interferes with a nurse’s work performance, the Board of Nursing can initiate nurse license disciplinary actions.
2) Can doctors smoke weed?
Doctors can smoke weed in legal states, like California and Colorado, if:
- they do not practice medicine while impaired,
- they follow their employer drug policies,
- they do not violate DUI or other drug criminal laws, and
- they do not work for the federal government.
State medical boards essentially treat legal cannabis use like alcohol; they only care about it when a physician is impaired while working. For example, the Medical Board of California (MBC) does not have rules regarding a doctor’s use of cannabis for recreational or medicinal purposes. But the MBC has strict rules about practicing while impaired and patient safety. If the MBC receives an impaired physician complaint, an investigation and medical evaluation can be ordered (BPC § 820).
Doctors that smoke weed can cause a workplace violation if their employer has a drug-free workplace policy. Physicians are considered safety-sensitive positions. Employers have the right to require pre-employment drug tests and establish a drug-free workplace. If you are not self-employed, it is essential to understand what your employer’s policies are.
The federal government still defines marijuana as a Schedule I controlled substance, even when legal under state laws. As a result, the federal government prohibits its employees from using medicinal and recreational marijuana. The US Department of Veterans Affairs, Centers for Disease Control and Prevention (CDC), Food and Drug Administration (FDA), National Institutes of Health (NIH), and other federal agencies can fire doctors for failing federal workplace drug testing.
Given the hassle, expense, and serious potential risks of medical board investigations, physicians need to consult with a medical license defense attorney for guidance whenever contacted by their board. Having THC in your system can add practice risk if a patient incident occurs that triggers in-depth scrutiny; the patient or board could allege it was due to drug impairment. As a result of the risks, many physicians err on the conservative side and avoid THC.
3) Do doctors smoke weed?
Three percent of doctors smoke weed, according to a Medscape physician survey of prior 12 months marijuana usage (1). In contrast, 12% of the general population reported that they currently used marijuana in a nationwide Gallup poll in 2019 (2). Therefore, doctors use marijuana at about one-quarter the rate of the general population.
A doctor’s history of ever using marijuana varies by medical specialty. The Medscape survey found emergency medicine physicians report the highest historical rate of marijuana use at 31%, followed by plastic surgery at 29%. The lowest reported rates of historical marijuana usage are for nephrology at 15% and endocrinology at 16%. In comparison, 38% of Americans overall report they’ve tried marijuana, according to the 2019 Gallup poll.
Doctor marijuana use by specialty
Source: Medscape Lifestyle Report Survey on Physician Marijuana Use
4) Can doctors or nurses use CBD oil?
Cannabidiol (CBD) oil is widely available and marketed as beneficial for arthritis, glaucoma, insomnia, anxiety, and other medical conditions. Since the 2018 Farm Bill became effective January 1, 2019, all 50 states have legalized the use of hemp-based CBD products. Industrial hemp plants, by definition, must have a delta-9 THC content of not more than 0.3 percent by dry weight.
Nurses and doctors can use hemp-based CBD oil in all 50 states, so long as the oil is THC-free. But many CBD oils can contain THC, even when labeled THC-free. A 2017 study published in JAMA by Dr. Marcel Bonn-Miller, a substance abuse specialist at the University of Pennsylvania Perelman School of Medicine found that 18 out of 84 different CBD oils tested contained THC.
If a doctor or nurse consumes CBD oil with THC, there is a risk of a positive drug test. If your employer or state bans THC use, you could be terminated, refused employment, or disciplined for a failed drug test.
Physicians and nurses need to do their research and be careful about the CBD they consume and trust. Even though most CBD products claim to have less than 0.3% THC content, these claims can be unreliable. The FDA does not regulate CBD, and THC levels are usually not listed on the bottle. Vaping or otherwise consuming certain CBD oils can put your job and license at risk.
5) Where is marijuana legal in the U.S.?
Marijuana laws are changing rapidly across the United States. Possession and recreational use of marijuana are currently legal for individuals over 21 in 15 states and Washington, D.C.: Alaska, Arizona, California, Colorado, Illinois, Maine, Massachusetts, Michigan, Montana, Nevada, New Jersey, Oregon, South Dakota, Vermont, Washington and the District of Columbia.
The medical use of cannabis with a physician’s recommendation is legal in 35 states, including the states listed above, plus: Arkansas, Connecticut, Delaware, Florida, Hawaii, Louisiana, Maryland, Minnesota, Mississippi, Missouri, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, Utah, and West Virginia.
Under the Controlled Substances Act of 1970, the possession and use of cannabis remain illegal under federal law. Some derivative compounds such as Cesamet (nabilone), Epididiolex (cannabidiol), Marinol, and Syndros (THC), have been approved for prescription use by the FDA.
6) Do nursing and medical schools require drug tests?
Most nursing and medical school programs require drug screen testing during the admission enrollment process. The requirement stems from the fact that schools must maintain compliance with health care organization rules, regulations, and accreditation standards.
Since medical school programs include clinical immersion experiences that involve students in the delivery of health care, medical students are subject to pre-clinical testing through urine drug screening (UDS). Each schools’ drug screening requirements must comply with their affiliated healthcare organizations’ accreditation and regulatory requirements.
Nursing and medical school urine drug screening typically tests for the following drugs: amphetamine (methamphetamine), barbiturates, benzodiazepine, cocaine, marijuana, methadone, methaqualone, opiates (codeine & morphine), phencyclidine, propoxyphene, and oxycodone. Some schools perform hair follicle drug testing in order to determine longer term drug use. Positive tests for prescribed medications usually require a review of the supporting prescription documentation.
7) Can a nurse or doctor with a green card or visa use marijuana?
Doctors and nurses that are visa or green card holders cannot legally use marijuana due to federal immigration laws, even if it is legal under their state laws. Non-US citizens are subject to federal laws that consider the possession and use of cannabis illegal, even for medical purposes.
States that have legalized marijuana do not require that you be a U.S. citizen to use marijuana. But marijuana use can put your federal permanent resident status at risk. If convicted for a violation of federal law relating to marijuana use or any other controlled substance (except simple possession of 30g or less of marijuana), visa and green card holders can become deportable. (USCIS policy)
About Chudnovsky Law
Chudnovsky Law is an award-winning California criminal defense and professional license defense law firm. The firm’s three defense attorneys Robert K. Weinberg, Suzanne Crouts, and Tsion Chudnovsky, have a combined 65+ years of experience practicing law.
The firm provides effective and vigorous license defense for licensed businesses and all health care professionals, including physicians, nurses, dentists, pharmacists, and chiropractors.
Attorney Robert K. Weinberg is a former prosecutor with more than 30 years of experience handling professional license defense, federal, DEA, and state criminal defense matters. Robert is an authority in the complex intersection of licensing and criminal law for professional licensees and healthcare corporations. He has handled over 5,000 cases, licensure administrative hearings and jury trials.
To learn more, call (844) 325-1444 to set up a consultation.
This information does not constitute legal advice and does not create an attorney/client relationship. No representations are made as to the accuracy of this information, and appropriate legal counsel should be consulted before taking any actions. Contact us for a consultation regarding your case facts.
Can Nurses Use CBD Oil?
CBD is generally sold processed in an oil and has been recognized as a remedy to pain, insomnia, anxiety, and a wide variety of other medical conditions. In the coming years, CBD oil is expected to be a billion dollar industry. It is important to note, however, that it remains largely unstudied and unregulated, despite the growing popularity of the oil.
CBD is readily available for online purchase, but in the United States and Australia it has different levels of legality. While several U.S. states and Australia have strict CBD regulations, the Drug Enforcement Administration maintains a controlled substance and is listed as a Schedule I drug. This status persists following the passage of the 2018 Farm Bill (which, under the restrictions outlined, allowed the broad cultivation of hemp).
Uses of the CBD Oil
There is a scarcity of high quality, large scale research on the use of CBD. Large scale, randomized clinical trials are required, but for a range of conditions, including anxiety, Parkinson’s, chronic pain, schizophrenia, and multiple sclerosis, it has been suggested as a potential treatment. Most users claim it has pain relieving effects anecdotally and use it as a treatment for muscle aches, inflammation and pain. It is used by many people to relieve anxiety and insomnia. There is currently only one drug licensed by the FDA that includes CBD: a seizure medicine called Epidiolex, which is used in children to treat two particularly severe seizure disorders. That is why, every one who wants to get rid of such conditions uses CBD oil including the professionals as well such as nurses, teachers etc.
CBD is found most often in the form of oil or droplets. It can be formulated as a balm, patch, or topical as well. Edible versions are also available, such as gum chewing, gummies, cookies, and brownies.
Considerations for the nurse
The use of CBD oil during a prescription reconciliation is not likely to be discussed by a patient, so it is important to ask patients about all the items they use, including herbs, vitamins, and oils. Patients should be mindful that CBD oil may interact with other drugs ( such as blood thinners ) and may potentially increase the blood stream level of certain drugs. Although side effects are anecdotally uncommon, sedation, fatigue, or nausea or diarrhea may be caused. It should be noted to patients that CBD oil concentrations vary widely, not only from product to product, but also from bottle to bottle. In addition, 43 percent of the goods were under labeled ( i.e. CBD concentrations were smaller than the product listed ), and 26 percent were over labeled ( the concentration was higher than the product listed ).
In addition, since there have been no large scale human CBD trials, no safe or efficient dosages are recommended.
For both recreational and medicinal purposes, cannabis is legal in some countries such as in Canada. While the cannabis laws have changed, there is no responsibility of the nurse to provide safe treatment. Nurses are required to ensure that their practice and conduct meets the requirements of the profession and protects the public as self-regulating health care professionals.
Is it acceptable for nurses to use CBD Oil?
The ability of a nurse is to think clearly, make sound decisions and act decisively can be affected by mood altering substances such as cannabis. It puts consumers at risk and puts patient safety at risk. Nurses are committed to safe practice for patients and clients are assured that they will not be exposed to care providers whose abilities may be compromised. Under the 1991 Regulated Health Professions Act, job while any substance is impaired is deemed a professional misconduct
It is important to note that cannabis has a different effect on everyone. A nurse must use their professional judgment to assess whether the medicinal and/or recreational use of cannabis may jeopardize their ability to provide health care. When you believe you may be impaired or affected by any drug ( e.g., opiates, alcohol or cannabis ) or even cancer, you should refrain from doing so. Nurses are responsible for understanding their physical and mental weaknesses, and their own health and well-being has an impact on their ability to provide healthy, reliable and ethical treatment. This transparency is illustrated in the practice standard for ethics and the reference guide for professional conduct. Failure to meet this standard will lead to the investigation and it would be a lengthy process. Nurses are also responsible for reporting to your employer if you suspect that another nurse or health care worker may have a disability.
Could my nursing practice be further impaired by provincial or territorial legislation?
In general, provincial and territorial cannabis regulations do not impose additional limits or restrictions on any nursing practitioners performing their professional duties. Nevertheless, there are limitations in some states as to where cannabis can be consumed, including cannabis for medical purposes. Such requirements are a practical consideration for nurses who can possess and prescribe medical cannabis to patients in a health care facility or in a public place. For example, in some jurisdictions, given the concept of a “public place” under the Cannabis Act that involves a motor vehicle in a public place, individuals cannot consume cannabis, even for medical purposes, in or on a car or boat. Exceptions may arise when the vehicle or boat is used as a dwelling house ( subject to conditions and restrictions ) or when the vehicle is not on a highway or trail ( as specified in the law ). Furthermore, current smoking bans apply with limited exceptions to cannabis smoking, even for medical purposes.
It is concluded that, for nurses its safe not to use CBD oil when you are on duty as you have to take care of the patients which is the important responsibility. Or if you really want to take it then only consume a little amount of CBD oil so that you remain in your senses an can perform your duty perfectly.
Nurses Day and CBD
The first time I did a presentation about cannabis was during my final year of nursing school. In policy class, I had to present a healthcare policy issue I was passionate about. While this presentation feels like it happened eons ago, and cannabis was illegal at that time, I am proud to say I received an A+ and gave my most impassioned presentation ever!
Being a bedside nurse is physically and emotionally demanding. My back started hurting when I was 23 just one year into the profession. My existential crisis began at 25, and I have not stopped talking about how short life is ever since. When you hear statements such as “nurses don’t go to the bathroom or eat during their shifts”, it is not hyperbole—that is all true. Most hospitals are insufficiently staffed and nurses do not have reasonable time to meet their basic needs. Nurses give everything they have physically and emotionally to their patients, sometimes for 12 straight hours, to help them through their time at the hospital. One can only imagine what this does to our bodies over time. I know nurses that are in their 50’s and 60’s that can no longer feel their feet. They have chronic back pain, sleep issues, among a myriad of other ailments. Nurses work hard and worked even harder during COVID.
Nurses Week, Teacher Appreciation Week, and Mother’s Day all fall within the same timeframe in May. Society should just rename this week “underappreciated women’s occupations week” and give us all the week off! I have been saying this for years, noting that care workers and those in the “pink collar” sector are an underappreciated backbone of society and the economy. We all saw how true this is during 2020. Many of these “pink collar” professions were those who kept working through COVID as key essential workers and were often pulling second shifts acting as caregivers to our own families. The legalization of hemp and cannabis in some states could not have come at a better time.
CBD for nurses can be a useful tool for back pain, anxiety, and sleep issues. I publicly launched my cannabis nursing business in January of 2020. COVID hit in March, so I ran my business while simultaneously working full time as a critical care nurse navigating the pandemic. I worked nights and days sometimes working 16-hour days. I would come home and be unable to sleep. My brain would not turn off; this is quite normal after working 12 hours in a high-stress environment. I would continue to hear beeps and bells. I would think about my patients. I would stressfully review and replay everything that occurred throughout the day. I would also experience pain; my back hurt, my feet hurt, my face hurt from my N95 mask. This is when I started using Equilibria products. After consistently taking them every day, I started to feel a significant difference. I was able to fall asleep sooner with good quality sleep and my pain reduced. In addition, despite the feeling of the world crumbling around us, I was able to tackle each day with more optimism.
I got COVID in early April of 2020. While I had a moderate case, I experienced difficulty breathing, my oxygen would drop with movement, and I was exhausted. I did continue taking Equilibria’s CBD products through this time and I am glad that I did. More recently, researchers in Israel are demonstrating that there may be benefits in taking CBD to manage COVID symptoms, both during and after. I addressed much of this in a previous blog, “What Research Says About CBD and Covid Related Symptoms”. It is exciting that credible research is growing in this area.
As you can see from my journey, CBD is a useful tool for nurses. It is Nurses Week, so if you know a nurse they would not be upset if you gave them the gift of CBD! The only reason that nurses may shy away is if it is Full Spectrum CBD due to drug testing, which we desperately need changes to the policy for nurses working at the bedside. These, in my opinion, are archaic and ableist policies. Since Full Spectrum CBD has .3% THC in it, this can cause folks to test positive on drug tests. There are, however, other great Equilibria options that a specialist can advise on!
Nurses are responsible. The vast majority of us would never risk our careers or our patient’s health by being impaired during or any time before a shift. It is frustrating that in states where cannabis is legal, nurses can still lose their jobs in nearly every one of those states. (One of the benefits of owning my own consulting business is I can use all the CBD I want!) Drug testing for THC not only negatively affects nurses, but also has disproportionately negative effects on other “pink collar” occupations and service workers. Stopping this practice would help women workers enormously and allow them the freedom to safely use helpful supplements.
CBD can be a great supplement for nurses. We do not want to be altered; we just want pain and anxiety relief without side effects. Nurses know all too well the side effects of other prescriptions and over-the-counter medications and try to avoid them. Too much Ibuprofen can cause GI bleeds and harm kidneys. Opioids sedate, cause constipation and can cause respiratory depression (stop you from breathing). Anxiety medication can cause a decreased sex drive and sedation. CBD’s only potential side effect comes from using it with certain other medications, which makes it a very low-risk supplement.
Also, nurses do like cannabis and CBD—many are just nervous to use it. We worked hard to become nurses and nursing often feels like more than just an occupation, it becomes part of who we are; so we are careful not to jeopardize that. Now that I am a cannabis nurse now, I have had a growing number of nurses, current and former, reach out to me about using CBD in confidence. Many use it and feel relief.
Destigmatizing cannabis, reforming drug testing, organizing and lobbying the federal government to reschedule THC cannabis away from being a schedule 1 drug so that we can do more comprehensive research is something that will make CBD and cannabis safely available to nurses as well as our patients! Not only do we want this for our personal use, but we also hope that it becomes an option for patients in the hospital if there was ever a situation where someone might need help with stress, sleep disruption, and anxiety.
Nurses are regularly rated as one of the most trusted professions. It is also wonderful to see that nurses are often the leaders at the forefront of the emerging science behind cannabis and CBD. Since starting my business, I have been so thrilled to meet so many nurses who are passionate about this new, growing field and helping individuals figure out how to use CBD for their health and wellness. CBD is amazing and has the potential to be truly life-changing for many people – nurses included!