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Medical marijuana for police, EMTs, firefighters?

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This week saw the passage of a handful of bills expanding New Hampshire’s medical marijuana law. That includes two bills that would add chronic pain as a qualifying condition for use of the drug (a move the CCNH community overwhelmingly supported in a discussion this past March).

The change could see many more patients meet the requirements for receiving a medical marijuana card—but what should this mean for first responders?

New Hampshire law is potentially ambiguous on this question. On the one hand, it clearly gives employers the power to ban the use or possession of medical marijuana in the workplace. Employers can also set policies that prohibit employees from working while under the influence of the drug. However, the law also states that “A qualifying patient shall not be… denied any right or privilege for the therapeutic use of cannabis in accordance with this chapter.”

New Hampshire courts have not yet ruled on whether employees—including first responders—are protected for using medical marijuana when off-duty. Outside the state, most cases have been found against patients who were fired for marijuana use outside of work.

Federal law is another complicating factor. Under the Drug-Free Workplaces Act, workplaces where employees test positive for drugs can lose their federal dollars. And according to the feds, marijuana—medical or otherwise—is still a Schedule I controlled substance.

Some states, such as Arizona, simply ban employers from placing medical marijuana users in jobs that could be considered “safety sensitive” – such as first responders.

Supporters of prohibiting first responders from using medical marijuana when off-duty argue that agencies should be allowed to protect themselves from potentially losing much-needed federal funds because an employee uses medical marijuana at home. Others express concerns that medical marijuana use, even when off-duty, could be a safety risk, impacting a responder’s performance when lives are on the line.

Also, since marijuana does not leave a person’s system for a long period of time after any cognitive impairment has faded, it could be difficult for employers to know whether an employee who tests positive is simply showing a residual effect in their system, or is still under the influence.

Opponents counter that first responders should have the same rights as other patients to use medical marijuana in accordance with state law, when not on-duty or on-call. They argue that the drug can be a safe and effective treatment for chronic pain and other conditions first responders might suffer from, with less debilitating side effects than some legal prescription medications.

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