Ricky McConnell, 44, entered the medical world as an EMT many years ago. After that, she got a university degree and in 2014 she became a nurse working under a doctor. McConnell currently owns and operates a hybrid her clinic in Vinton.
Most of her patients, more than 5,000 in number, seek prescriptions for medical marijuana.
It has been legal in Virginia since 2021, and McConnell has been prescribing marijuana to many people. With a prescription, patients can legally purchase medical marijuana at the Virginia-licensed RISE dispensary on West Main Street in Salem.
Ricky McConnell, a licensed nurse, owns and operates a hybrid clinic in Vinton that prescribes medical marijuana. Some of her patients say she fears losing her job because she uses marijuana as a medicine.
Provided courtesy of Ricky McConnell
However, she noted that not all of McConnell’s patients are created equal in terms of their employer’s human resources policies. They vary widely, and some have not kept up with recent changes in state law. This includes local government policies.
Others are also reading…
McConnell has had to fight a battle on behalf of some patients, especially police officers and firefighters who take medical marijuana off-duty to treat anxiety, pain and other ailments.
Legal standards and on-site tests exist to determine intoxication from alcohol, but this does not apply to marijuana.
Its use can be detected by urine tests, but those tests are not helpful in determining poisoning. The intoxicating effects of marijuana last for several hours. However, the metabolites become detectable in the urine days or weeks after the employee completely abstains from alcohol.
One of McConnell’s patients — and this goes back several years — is a Roanoke firefighter. After medical marijuana became legal, he tested positive for THC metabolites in his urine due to off-duty use. Although he had a prescription for marijuana, he was on paid administrative duty for five months until Roanoke authorities found a way to address the problem.
Capt. Duane Noel, president of the Roanoke Firefighters Association, said a handful of other Roanoke firefighters who have since tested positive for metabolites of prescribed marijuana have been placed on short-term administrative duties. All have now returned to work.
“It was a long process,” Noel said of the policies Roanoke ultimately adopted.
What’s important for Roanoke city employees is that employees with medical marijuana prescriptions “can use it off-duty” without fear of losing their jobs, Noel said. However, you are not allowed to use marijuana or be under the influence of marijuana while on the job.
Noel pointed out that firefighters cannot use medical marijuana within the first 10 hours of their shift.
“This policy requires the use or possession of alcohol and/or controlled substances/drugs on the job and being under the influence of alcohol and/or controlled substances/drugs while on the job,” said City Commissioner Angelia Vernon. is prohibited,” he said. human resources.
“As an employer, we comply with the law and make necessary reasonable accommodations for our employees who have valid marijuana cards,” Vernon added. “Our policy applies to all employees.”
The City of Roanoke changed its policy in August 2022 following the enactment of another state law in 2021. The title is “Employee Protection. Medical Use of Cannabis Oil.” (The language of the law makes it clear that it applies to all forms of medical cannabis.)
That state law states, “An employer may not terminate or discipline an employee for the employee’s lawful use of cannabis oil based on a valid written certification issued by a medical practitioner. There shall be no discrimination.”
The only exception is employers in the “defense industrial base” sector, to whom the law does not apply. The law also states that employers can discipline employees for “work-related impairment caused by the use of marijuana” or possession while on duty.
Roanoke’s policy appears to comply with state law. Apparently, the personnel policies of the Vautourt County Sheriff’s Office are similar. It was adopted in 2014.
The law prohibits Boattourt sheriff’s officers from having “any drug in their system or the detectable presence of a drug in their system.” However, the exception to this provision is as follows. “Employees may continue to work even if they are taking legal drugs if, after consulting with a medical professional, it is determined that they do not pose a threat to the safety of themselves, co-workers, or employees.” Performance is not affected by legal drugs. If not, the employee may be required to take leave or comply with other appropriate measures. ”
Roanoke County’s general policy also covers police and sheriff’s departments, but it references three federal laws and is somewhat lax in oversight.
“The County fully complies with the requirements of the Drug-Free Workplace Act, the Drug-Free Schools and Communities Act, the Omnibus Transportation Employee Examination Act of 1991, and other applicable laws regarding controlled substances in the workplace. , drug/alcohol testing shall be conducted on an employee if there is a ‘reasonable excuse’ for drug/alcohol testing and it is determined to be necessary to confirm the employee’s fitness for duty.”
The Roanoke County Fire and Rescue Policy is more specific, but not necessarily less confusing.
Specifically, it prohibits “possessing, using, or being under the influence of medical marijuana while on duty.” However, it also states that “the lawful possession or use of prescription and over-the-counter drugs is excluded from this prohibition.” That seems contradictory.
McConnell said some patients employed by the City of Salem fear losing their jobs due to legal use of medical marijuana.
Mike Stevens, Salem’s communications director, forwarded two employee drug and alcohol policies to me.
One, last revised in 2018, is nine pages long and focuses on the Salem Police Department. The other, adopted in 2005, is 41 pages long and applies generally to 164 different occupations listed in Salem, from low-level positions such as meter reader and assistant chef to department heads. . Salem employees are subject to random testing.
Police department policy prohibits the off-duty use of controlled substances that “have no medicinal properties and are classified as ‘scheduled substances’ under U.S. Drug Enforcement Administration guidelines.”
Although Virginia and more than 30 other states allow the medical use of marijuana, it remains a “scheduled drug” that is not recognized for medical use under federal law.
“Perhaps the best way to describe the current policy is to say it’s a zero-tolerance policy with random testing,” Stevens said. He added that because Stevens himself drives a car in the city for work, he is subject to unannounced inspections.
“They’re proceeding based on policy from 2005, when marijuana use was illegal,” said Betty McBride, president of IAFF Local 3478 Salem Professional Fire Brigade. And Salem’s current policy is difficult to interpret. You’re reading text hidden in mud,” McBride added.
Salem is currently working with consultants to review and potentially revise these policies, Stevens added.
McConnell said he’s been hearing that story for years. In the past, she has tried to take the issue to the Salem City Council. However, she was not allowed to register to give her talk, McConnell said. That’s because City Council meeting guidelines limit public speakers to Salem residents or city business owners.
Stevens said McConnell is free to contact council members individually. Their phone numbers are published on Salem’s website.
If he does, McConnell said he will be sure to remind Salem that two years ago he allowed the region’s only medical marijuana dispensary to open.
“They’re setting up dispensaries in their own cities, but they’re not allowing their own employees to eat or drink,” McConnell said.
