[MCOH-EH] Pre-placement Marijuana Testing

[Dr Joe Fanucchi]

I based my example on a the case of an actual person, after changing her 
job title and diagnosis. With all due respect, her oncologist did NOT 
give her "bad advice." The state legislature, which regulates the 
practice of medicine in her state, has determined that a physician may 
legally recommend the use of marijuana for specific conditions. Neither 
she, nor her physician, did anything illegal. He was acting within the 
legally defined scope of practice in the state. The court acknowledged 
that her statehas made the use of medical marijuana permissible, but it 
concluded that marijuana’s illegality under federal law results in the 
ADA offering no protection and her termination was therefore justified 
despite no evidence of impairment. I fault the MRO in this case for 
simply refusing to accept that she had a legitimate medical explanation 
for the trace amount of THC in her system.

I realize that litigation on this subject continues, because while 
employers are not currently required to accommodate the use of medical 
marijuana, they must still follow state law regarding the drug testing 
of their employees. When a drug test is contested, courts will balance 
the employer’s reason for testing against the employee’s legitimate 
expectation of privacy.

Respectfully,

Joe Fanucchi

-- 

*Joe Fanucchi MD FACOEM*
President and Medical Director
MediTrax / OHS, Inc. <http://www.meditrax.com/>
o:925-820-7758
c:925-368-3367
drjoe at meditrax.com <mailto: drjoe at meditrax.com>
<http://www.meditrax.com/>
/MediTrax software: Everything you need, at a fraction of the cost!/
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On 1/24/2019 11:23 AM, Mickelson, John G. via MCOH-EH wrote:
>
> Her board certified oncologist would prescribe Marinol, which is a FDA 
> approved treatment for chemotherapy induced nausea.
>
> Private employers can set their own drug testing policy. Marijuana is 
> still an Class 1 controlled substance in Federal law.
>
> A verified and current prescription for a controlled drug will usually 
> make the drug test negative. That is what a Medical Review Officer’s 
> (MRO) job is to determine.
>
> Her doctor gave her bad advice.
>

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