[MCOH-EH] Question on medical marijuana

Fred Fung MD Fred.Fung at sharp.com
Thu May 11 12:24:46 PDT 2017

I agree with Warner and others. In addition to what has been discussed, medical marijuana/cannabis in plant form (not to be mixed up with FDA approved Marinol, Syndros, and Cesamet which are prescribed) is not "prescribed" but "recommended", thus no licensed providers would write a formal prescription under DEA Controlled Substance regulations. Even though most state medical and dental boards will not trigger investigation or sanctions against providers, unless they wish to risk their DEA registration or getting DOJ attention, I am not aware that licensed healthcare professionals will write or send a prescription on medical marijuana and/or counsel patients on the dosage and side effects or be covered under professional liability insurance in case of adverse event especially when third party (person taking medical marijuana crashes into school bus) is involved. The "marijuana card" is not a formal prescription process under DEA regulations nor in compliance with state pharmacy board's medication prescription regulations.

I'd recommend that each medical institution look into not only the impact of DFWO (i.e. employer's rights under employment law) but also intoxication defense (either recreational or medical marijuana) and implications of each state's mandate to reimburse medical cannabis for employees. These three issues are frequently intertwined.


From: MCOH-EH [mcoh-eh-bounces+fred.fung=sharp.com at mylist.net] on behalf of Hudson, T. Warner [TWHudson at mednet.ucla.edu]
Sent: Wednesday, May 10, 2017 11:57 AM
Subject: Re: [MCOH-EH] Question on medical marijuana

We fail medical marijuana as a Federal Contractor with Drug Free Workplace Policy; present in urine above cutoffs in policy without legitimate medical explanation and by policy we only consider a prescription that was filled (before the collection) in a licensed pharmacy like Walgreens or CVS  for say Marinol as a legitimate medical explanation per our policy. Same approach with recreational as CA has that law going into effect i/1/18; same in Mass. where I know U Mass Memorial has same approach.

T. Warner Hudson, MD FACOEM, FAAFP
Medical Director, Occupational and Employee Health
UCLA Health System and Campus
Office 310.825.9146
Fax 310.206.4585
Pager 800.233.7231  ID 27132
E-mail twhudson at mednet.ucla.edu<https://owa.sharp.com/owa/redir.aspx?REF=BkRJ090T7V-JyVyO1OteFtXjZsXWFoli8mWTRxM1_UH_EPHcnpjUCAFtYWlsdG86dHdodWRzb25AbWVkbmV0LnVjbGEuZWR1>
Website www.ohs.uclahealth.org<https://owa.sharp.com/owa/redir.aspx?REF=JGQOa-cwmkLCIEmiewteaPWudW_g5-oa-ve6g65uoBT_EPHcnpjUCAFodHRwOi8vd3d3Lm9ocy51Y2xhaGVhbHRoLm9yZw..>

From: MCOH-EH [mailto:mcoh-eh-bounces at mylist.net] On Behalf Of Shea, Joann
Sent: Wednesday, May 10, 2017 5:02 AM
To: MCOH/EH <mcoh-eh at mylist.net>
Subject: [MCOH-EH] Question on medical marijuana

Good morning,

Our state passed a medical marijuana bill this year for persons with specific disorders such as epilepsy, cancer, Alzheimers, etc.  The legislature is still finalizing the specifics, but we are meeting this month to discuss how we will manage an employee who has a medical marijuana card.    Because federal law still considers marijuana illegal and our hospital must comply with the Federal Drug Free Workplace Act, I assume we will continue with not allowing marijuana utilization as an active employee.   We are considering allowing employees to take medical leave or FMLA while utilizing medical marijuana, but  most employees who are working will be taking it for seizures or chronic pain and will probably be prescribed to use it long term.

Any advice from other states where medical marijuana is used?   Thank you.

[TGH_employee health serv-color]
JoAnn Shea, ARNP, MS, COHN-S
Director, Employee Health & Wellness
Work: 813-844-7692    Cell:  813-789-3441    FAX;  813-844-8144    Email:  jshea at tgh.org<https://owa.sharp.com/owa/redir.aspx?REF=g4534yhLtop6WjhDZM_3AtcVvlZcKnujs0LNPEr34_j_EPHcnpjUCAFtYWlsdG86anNoZWFAdGdoLm9yZw..>


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