Dispensary Conflict Questions

[nutripharma]

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In states where recreational use is allowed, are pharmacists still tested (is it still a rule for them to be drug-free) or does it depend on the employer?
Also, we were told that if you open a dispensary then your status changes to dispenser. Could someone elaborate on this and how would affect other jobs?
Thanks

 

[owlegrad]

In states where recreational use is allowed, are pharmacists still tested (is it still a rule for them to be drug-free) or does it depend on the employer?
Also, we were told that if you open a dispensary then your status changes to dispenser. Could someone elaborate on this and how would affect other jobs?
Thanks

My employer does have a policy of drug testing even in States where it is 'legal'. As for enforcement I have no idea if it actually happens.

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[lord999]

Not in federal government. The current Department of Justice interpretation under AG Lynch for federal workers is that anyone (not just pharmacists) would be dealt with in the normal channels if caught with THC positive tests. And by federal standards, it's still considered racketeering for us to work in a dispensary or provide legal cover for one (prescribing). I can't imagine AG Sessions is going to change that guidance.

Now, the likelihood of actual being tested as a current employee is virtually zero unless you are going for your periodic or you cause an accident (car crash) that by policy requires an immediate DT. A couple of VA physicians got 12B terminations and placed on the Exclusionary List for prescribing for a dispensary. They are suing (and I think those physicians will win as OPM isn't necessarily the smart group).

 

[zelman]

In states where recreational use is allowed, are pharmacists still tested (is it still a rule for them to be drug-free) or does it depend on the employer?
Also, we were told that if you open a dispensary then your status changes to dispenser. Could someone elaborate on this and how would affect other jobs?
Thanks

#1 "Pothead" is not a protected class of individuals. You can be fired for smoking marijuana, just like you can be fired for having a social security number divisible by the current year. Just because the reason for termination is nonsense, doesn't make it illegal.

#2 If my town passes an ordinance that makes murder legal, it's still not legal. I'm still restricted by county, state and federal laws. For this reason, as long as you are in the USA, marijuana use is illegal.

 

[Sparda29]

Never use it when you're at work or going to start work soon. If you happen to have a drug test scheduled for a new job, stop smoking and let it wash out for a month. Use Quick-Fix synthetic urine if you don't have a month to wash out.

 

[zelman]

Who is going to let you delay a drug test for a month?

If you plan on getting a new job, stop smoking. You'll probably have a month from that point until they test.

 

[nutripharma]

Reason why I asked is partially from what I read here Medscape: Medscape Access

["Colorado's "lawful activities statute" provides that "t shall be a discriminatory or unfair employment practice for an employer to terminate the employment of any employee due to that employee's engaging in any lawful activity off the premises of the employer during nonworking hours." Certain exceptions apply. Under that statute, an employee who is terminated in violation of the provision may sue for damages, including lost wages or benefits."]

Even asked a professor and he said ask another professor who said google it.

 

[zelman]

Reason why I asked is partially from what I read here Medscape: Medscape Access

["Colorado's "lawful activities statute" provides that "t shall be a discriminatory or unfair employment practice for an employer to terminate the employment of any employee due to that employee's engaging in any lawful activity off the premises of the employer during nonworking hours." Certain exceptions apply. Under that statute, an employee who is terminated in violation of the provision may sue for damages, including lost wages or benefits."]

Even asked a professor and he said ask another professor who said google it.

As I said, not legal in the USA.

 

[Unchained]

Maine is the only state which has passed legislation against the employer discriminating against an employee if they are enrolled in a MMJ program.

 

[bananaface]

The Colorado statute, when read in full, explicitly states marijuana use is not a protected activity. It has its own little subsection and everything.

Practice impairment rules and laws should trump any such statute, one would think. Public safety generally comes first.

 

[zelman]

Practice impairment rules and laws should trump any such statute, one would think. Public safety generally comes first.

The Maine protection referenced above does not protect working under the influence of marijuana, only positive drug tests of those who have been prescribed marijuana (which is only allowed for certain indications).

 

[Unchained]

The Maine protection referenced above does not protect working under the influence of marijuana, only positive drug tests of those who have been prescribed marijuana (which is only allowed for certain indications).

Correct. Thank you for clarifying. There are no tests to indicate whether one is under the influence at the moment. THC is fat soluble and depending on how much and how long one has smoked can appear in a urine test 30 days out.

 

[PharmDBro2017]

Correct. Thank you for clarifying. There are no tests to indicate whether one is under the influence at the moment. THC is fat soluble and depending on how much and how long one has smoked can appear in a urine test 30 days out.

There are companies (Cannabix Technologies) that are creating breathalyzers which will test THC and other metabolites, claiming that it will work for both smoking and edibles. These will show whether or not you have used in the past few hours.


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