OHP’s Practice Regarding Medical Marijuana
Employees must be in compliance with all federal drug laws and the Federal Controlled Substances Act. The Federal government has not approved marijuana as a controlled substance to be used legally for medical reasons. Consistent with the Federal government drug and alcohol programs, the use of marijuana for “medical purposes” as recommended by a physician or other health care provider will not be considered as an authorized, legitimate “medical use” of a controlled substance, and the test result will be reported positive by the Medical Review Officer (MRO).
The use of marijuana is also inconsistent with the performance of safety-sensitive and security-sensitive positions.
- Disqualify applicants to safety-sensitive and security-sensitive positions if staff becomes aware of ongoing medicinal marijuana use. This awareness may result from the applicant’s completion of a medical history questionnaire, a drug test, or as an incidental notation in submitted medical records.
- Report reasonable suspicion urine tests as “positive” when the MRO concludes that medical marijuana was consumed. The appointing authority may then take disciplinary action based on the positive test and the employee’s observed behavior.
- Advise departments that no accommodations or interactive process is required in order to facilitate an employee’s use of medical marijuana.
- Advise employees at the outset of Departmental Agreements that medical marijuana is not acceptable.