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What the Arizona Court of Appeals Ruling May Mean for Nursing Professionals

Posted by Joseph D. Lento | Dec 23, 2024 | 0 Comments

Marijuana laws are an evolving landscape throughout the United States. While recreational marijuana use is legal in Arizona, many professional licensing boards have their own specific policies that their licensees must follow or risk having their licenses suspended, restricted, or revoked entirely. 

If you or someone you know has had their professional license limited in some way because of a marijuana use accusation, you need a strong defense. The Lento Law Firm Professional License Defense Team understands how overwhelming and confusing marijuana use allegations can be in a state that has legalized recreational use. Our knowledgeable attorneys will help you create a strategic defense that guarantees the best possible outcome for your case. Call 888-535-3686 today or schedule a consultation online.

Arizona Marijuana Use Ruling

As of now, Arizona nurses face strict regulations regarding marijuana use. The Arizona State Board of Nursing generally prohibits the use of marijuana, even for medical purposes, due to federal laws that still classify it as a Schedule I controlled substance. Nurses can face disciplinary action, including license suspension or revocation, for using marijuana, regardless of state legalization.

However, the October 2024 Court of Appeals decision, which states that a driver's license cannot be suspended simply because the driver had marijuana in their system, introduces an interesting perspective that could potentially influence future discussions about professional licenses. In this decision, the Appellate Judge stated that when the recreational use of marijuana was legalized in 2020, the new law stated that drivers could only be penalized if it could be proven that they were impaired, even just a little, by the marijuana. 

In this particular case, the driver presented testimony that metabolites of marijuana can be found in a person's body for weeks. Without proof that the driver was impaired by the marijuana at the time of the traffic stop, the Appellate Court unanimously ruled in favor of the driver.

If we were to apply the same reasoning used in this case to nursing, it might suggest that:

  1. The mere presence of marijuana metabolites in a nurse's system should not automatically lead to disciplinary action.
  2. There would need to be evidence of impairment while on duty to justify penalties.
  3. Off-duty marijuana use, especially for medical purposes, might be viewed more leniently.

This ruling could indicate a gradual shift in how marijuana is perceived in professional contexts. Just as alcohol use is generally accepted for professionals when not on duty and not impacting job performance, a similar evolution in attitudes towards marijuana may occur.

How the Lento Law Firm Professional License Defense Team Can Help

While the driver's license ruling does not immediately change the landscape for nurses, it does open up important questions about how the Arizona State Board of Nursing may begin assessing impairment and the rights of professionals in a state where marijuana use is legal.

As such, if the nursing board accuses you of marijuana use and threatens to suspend or revoke your nursing license, the skilled Professional Licensing Defense Team at Lento Law Firm will help you navigate these complex state and federal laws, guaranteeing the best outcome for your case. Call the Lento Law Firm today at 888-535-3686 or schedule a consultation online

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento has unparalleled experience fighting for the futures of his professional clients nationwide. With unparalleled experience occupying several roles in the justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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