QUESTION:
A member of our Medical Staff disclosed they have a prescription to use medical marijuana. Is this something we should follow up on?
ANSWER FROM HORTYSPRINGER ATTORNEY HALA MOUZAFFAR:
There are some general principles to know before addressing a situation involving medical marijuana in the workplace:
- Marijuana is still illegal under federal law. This means people who use medical marijuana are not entitled to federal protections like those in the Americans with Disabilities Act. Instead, the rules and protections are set by each state and enforced by state agencies, medical boards, or other state-run committees.
- Not all states are created equal. States treat medical marijuana in the workplace in different ways. Some states have laws that protect users – for example, stopping employers from discriminating against them or requiring reasonable accommodations be made. Other states have taken the stance that practitioners should refrain from using medical marijuana, and some states have not addressed the issue at all.
- A prescription doesn’t mean unrestricted use in the workplace. No state requires employers to permit the use of medical marijuana during work or on work property.
With that in mind, we recommend hospitals treat a situation like this like any other where they receive notice that a practitioner may be experiencing a health problem. The matter should be reviewed under the Practitioner Health Policy or another applicable policy to determine if the underlying cause for the use of medical marijuana affects the practitioner’s ability to safely treat patients. After that, be sure to check with counsel to see how your state addresses marijuana use in the workplace.
If you have a quick question about this, e-mail Hala Mouzaffar at hmouzaffar@hortyspringer.com.