Lynbrook, NY asked in Employment Law and Cannabis & Marijuana Law for New York

Q: Can RNs be fired for testing positive for THC on a drug panel given to them by their employer in Nassau County, NY?

The drug panel is aimed at searching for possible diversion of narcotics from medication room while at work.

1 Lawyer Answer
James L. Arrasmith
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  • Cannabis & Marijuana Law Lawyer
  • Sacramento, CA

A: Registered Nurses (RNs) in Nassau County, NY, can be terminated for testing positive for THC on a drug panel if their employer has a clear drug-free workplace policy that prohibits the use of marijuana, even if marijuana use is legal in the state for recreational or medicinal purposes. Healthcare professionals are often held to strict standards regarding substance use because of their role in patient care and the handling of medications.

Employers in the healthcare sector may have stringent policies to prevent drug diversion and ensure patient safety. If the drug testing is part of an investigation for medication diversion, a positive THC result could indeed be grounds for termination. It is important to review the employer’s policies and any applicable labor agreements to understand the specific consequences of a positive drug test. Employees in such situations may also want to consult with an attorney to explore their legal rights and options.

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