[MCOH-EH] Pre-placement Marijuana Testing

[Natalie Hartenbaum]

One issue is that many have confused Marinol with medical marijuana in policies and interpretations.  I always advise that if addressing marijuana in policy to distinguish between FDA approved forms of marijuana and non- FDA approved medications.  (this also addresses CBD which is NOT approved under FDA even with the change in the Farm Act which has move hemp (not containing THC) out of the controlled substances act.

Natalie P.  Hartenbaum, MD, MPH, FACOEM
President and Chief Medical Officer
OccuMedix
PO Box 197
Dresher, PA 19025
215-646-2205
occumedix at comcast.net


> On Jan 27, 2019, at 8:59 AM, Dr Joe Fanucchi <drjoe at meditrax.com> wrote:
> 
> 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 state has 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 
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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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