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Consideration for Medical Marijuana
(Trends in Drug and Health Screening Educational Series)
Todd Simo, M.D.
Chief Medical Officer
#HireRightWebinar
HireRight Legal Statement
HireRight prepared these materials for informational
purposes only. These materials are not intended to be
comprehensive, and are not a substitute for, and should
not be construed as, legal advice.
HireRight does not warrant any statements in these
materials. Employers should direct to their own
experienced legal counsel questions involving their
organization’s compliance with or interpretation or
application of laws or regulations and any additional
legal requirements that may apply.
2 HireRight ® Copyright © 2016. All Rights Reserved www.HireRight.com
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Your Host
HireRight ® Copyright © 2016. All Rights Reserved
Dr. Todd Simo
Chief Medical Officer
HireRight
@Dr_ToddSimo
www.HireRight.com
#HireRightWebinar
Medical Marijuana - History
 Ancient accounts of marijuana used for medical purposes
» Egypt
– Multiple accounts going back as far as 1700 BC
• Hemp suppositories for relieving hemorrhoid pain
» China
– Cannabis is one of the 50 “fundamental” herbs in traditional Chinese medicine
• Cannabis was considered to be tonic, demulcent, laxative, emmenagogue (promotion of
menstruation), diuretic, and an antihelminthics (drug to expel parasitic worms)
» Greece
– The ancient Greeks used cannabis not only for human medicine, but also in
veterinary medicine to dress wounds and sores on their horses
» Multiple others
– India, medieval Islamic World, Southeast Asia
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 “Modern” World (1800’s - ~1900)
» Medicinal preparations of cannabis became available in American
pharmacies in the 1850s following an introduction to its use in
Western medicine
» Cannabis as a medicine became common throughout much of the
Western world by the 19th century
» It was used as the primary pain reliever until the invention of aspirin
Medical Marijuana - History
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Medical Marijuana - History
 “Modern” World (~1900 - ~1940)
» Criminalization process
– Poison Laws (1906 – 1923)
• Aimed to restrict all narcotics, including cannabis, as poisons, limit their sale to
pharmacies, and require doctor's prescriptions
– Uniform State Narcotics Act (1925 – 1932)
• Formation of the Federal Bureau of Narcotics (FBN)
• Harry Anslinger, the head of the FBN, claimed cannabis caused people to
commit violent crimes and act irrationally and overly sexual
– Marijuana Tax Act (1937)
• Made possession or transfer of cannabis illegal throughout the United States
under federal law, excluding medical and industrial uses, in which an expensive
excise tax was required
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Medical Marijuana - History
 “Modern” World (~1940 - ~1974)
» Criminalization process
– Mandatory Sentencing Laws (1952 & 1956)
• The acts made a first-time cannabis
possession offence a minimum of two to ten
years with a fine up to $20,000
– “War on Drugs” (1970’s)
• Term coined by President Nixon
• Drug Enforcement Agency formed
• Controlled Substances Act
– Marijuana a Schedule I drug
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Medical Marijuana - History
 Modern World (~1970 - Present)
» Decriminalization process
– Robert Randall sued the federal government for arresting him for using
cannabis to treat his glaucoma (1978)
• The judge ruled Randall needed cannabis for medical purposes
• Thirteen people were enrolled in the program when in 1992 George H.W. Bush
discontinued it
– Medical use advocacy
• Proponents of medical marijuana argue that it can be a safe and effective
treatment for the symptoms of cancer, AIDS, multiple sclerosis, pain, glaucoma,
epilepsy, and other conditions
– California Prop. 215 (1996)
• Voters passed statute that approves initiatives endorsing the legal use of
marijuana under a doctor’s supervision
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Medical Marijuana - History
 Modern World (~1970 - Present)
» Decriminalization process
– 1996, The Clinton administration announces its plan to institute criminal
prosecution of physicians who prescribe or recommend marijuana in
California and Arizona, and to deprive them of their right to write
prescriptions of any kind
• Multiple lawsuits ensue
– By 1998, multiple other states join California in decriminalizing medical
marijuana
• Alaska, Oregon, and Washington
– With the “ice broken,” other states have joined
• Currently there are 24 states with medical marijuana programs
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Why Is Medical Marijuana Used Today?
 Original intention
» To help people with extremely serious (often terminal) diseases to
live more comfortably
– Generally terminal patients
• End stage AIDS
• Cancer
• Severe debilitating neurologic diseases
 Today
» Most medical marijuana users list “chronic pain” as the reason they
use marijuana
– Several state studies identify over 90% of medical marijuana users identify
chronic pain as reason for their use
– Average age is under 50 years old
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Why Is Medical Marijuana Used Today?
 Medical marijuana is currently used for a number of
medical conditions:
– Agitation related to Alzheimer's disease
– Cachexia (severe loss of appetite)
– Cancer
– Glaucoma
– HIV+/AIDS
– Nausea
– Post Traumatic Stress Disorder (PTSD)
– Pain
– Seizures, including but not limited to epilepsy
– Persistent muscle spasms, including but not limited to those caused by
Multiple Sclerosis
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Medical Marijuana
States that have Medical Marijuana statutes in
place
» Legacy: 24 States - AK, AZ, CA, CO, CT, DE, HI, IL, ME,
MD, MA, MI, MN, MT, NV, NH, NJ, NM, NY, PA, OR, RI,
VT, WA, and Washington DC
» New: 4 States – AR, FL, ND, and OH
 Green = statute addresses need to accommodate when possible
 Red = Regulation/case law explicitly states that employers DO
NOT NEED to accommodate medical marijuana use
 Black = Regulation silent in regard to need to accommodate
 Gold = Statute still needs to be vetted
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Medical Marijuana
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Decriminalized Recreational Marijuana
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Medical Review Stance
 Medical marijuana is illegal
» DEA Schedule 1 medicine
– Illegal to possess, use, or prescribe
 State medical marijuana is a recommendation
» No prescription
– No checks and balances in terms of usage or strength
» Recommendation was originally intended for people who had no
other medical option
 Medical marijuana as standard is verified and reported
as a positive drug screen after MRO review
» All donors are told to address their medical marijuana use with their
employer
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Safety Concern
 Medical marijuana
» Physician recommendation - not a prescription
» No way to verify appropriate use
– No verifiable prescription dose
– Drug screening result by itself cannot be used to determine impairment
• Potential ability with oral fluid and blood
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Follow me on Twitter
@Dr_ToddSimo
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QUESTIONS
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Considerations for Medical Marijuana

  • 1. Consideration for Medical Marijuana (Trends in Drug and Health Screening Educational Series) Todd Simo, M.D. Chief Medical Officer #HireRightWebinar
  • 2. HireRight Legal Statement HireRight prepared these materials for informational purposes only. These materials are not intended to be comprehensive, and are not a substitute for, and should not be construed as, legal advice. HireRight does not warrant any statements in these materials. Employers should direct to their own experienced legal counsel questions involving their organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply. 2 HireRight ® Copyright © 2016. All Rights Reserved www.HireRight.com #HireRightWebinar
  • 3. Your Host HireRight ® Copyright © 2016. All Rights Reserved Dr. Todd Simo Chief Medical Officer HireRight @Dr_ToddSimo www.HireRight.com #HireRightWebinar
  • 4. Medical Marijuana - History  Ancient accounts of marijuana used for medical purposes » Egypt – Multiple accounts going back as far as 1700 BC • Hemp suppositories for relieving hemorrhoid pain » China – Cannabis is one of the 50 “fundamental” herbs in traditional Chinese medicine • Cannabis was considered to be tonic, demulcent, laxative, emmenagogue (promotion of menstruation), diuretic, and an antihelminthics (drug to expel parasitic worms) » Greece – The ancient Greeks used cannabis not only for human medicine, but also in veterinary medicine to dress wounds and sores on their horses » Multiple others – India, medieval Islamic World, Southeast Asia HireRight ® Copyright © 2016. All Rights Reserved www.HireRight.com #HireRightWebinar
  • 5.  “Modern” World (1800’s - ~1900) » Medicinal preparations of cannabis became available in American pharmacies in the 1850s following an introduction to its use in Western medicine » Cannabis as a medicine became common throughout much of the Western world by the 19th century » It was used as the primary pain reliever until the invention of aspirin Medical Marijuana - History HireRight ® Copyright © 2016. All Rights Reserved www.HireRight.com #HireRightWebinar
  • 6. Medical Marijuana - History  “Modern” World (~1900 - ~1940) » Criminalization process – Poison Laws (1906 – 1923) • Aimed to restrict all narcotics, including cannabis, as poisons, limit their sale to pharmacies, and require doctor's prescriptions – Uniform State Narcotics Act (1925 – 1932) • Formation of the Federal Bureau of Narcotics (FBN) • Harry Anslinger, the head of the FBN, claimed cannabis caused people to commit violent crimes and act irrationally and overly sexual – Marijuana Tax Act (1937) • Made possession or transfer of cannabis illegal throughout the United States under federal law, excluding medical and industrial uses, in which an expensive excise tax was required HireRight ® Copyright © 2016. All Rights Reserved www.HireRight.com #HireRightWebinar
  • 7. Medical Marijuana - History  “Modern” World (~1940 - ~1974) » Criminalization process – Mandatory Sentencing Laws (1952 & 1956) • The acts made a first-time cannabis possession offence a minimum of two to ten years with a fine up to $20,000 – “War on Drugs” (1970’s) • Term coined by President Nixon • Drug Enforcement Agency formed • Controlled Substances Act – Marijuana a Schedule I drug HireRight ® Copyright © 2016. All Rights Reserved www.HireRight.com #HireRightWebinar
  • 8. Medical Marijuana - History  Modern World (~1970 - Present) » Decriminalization process – Robert Randall sued the federal government for arresting him for using cannabis to treat his glaucoma (1978) • The judge ruled Randall needed cannabis for medical purposes • Thirteen people were enrolled in the program when in 1992 George H.W. Bush discontinued it – Medical use advocacy • Proponents of medical marijuana argue that it can be a safe and effective treatment for the symptoms of cancer, AIDS, multiple sclerosis, pain, glaucoma, epilepsy, and other conditions – California Prop. 215 (1996) • Voters passed statute that approves initiatives endorsing the legal use of marijuana under a doctor’s supervision HireRight ® Copyright © 2016. All Rights Reserved www.HireRight.com #HireRightWebinar
  • 9. Medical Marijuana - History  Modern World (~1970 - Present) » Decriminalization process – 1996, The Clinton administration announces its plan to institute criminal prosecution of physicians who prescribe or recommend marijuana in California and Arizona, and to deprive them of their right to write prescriptions of any kind • Multiple lawsuits ensue – By 1998, multiple other states join California in decriminalizing medical marijuana • Alaska, Oregon, and Washington – With the “ice broken,” other states have joined • Currently there are 24 states with medical marijuana programs HireRight ® Copyright © 2016. All Rights Reserved www.HireRight.com #HireRightWebinar
  • 10. Why Is Medical Marijuana Used Today?  Original intention » To help people with extremely serious (often terminal) diseases to live more comfortably – Generally terminal patients • End stage AIDS • Cancer • Severe debilitating neurologic diseases  Today » Most medical marijuana users list “chronic pain” as the reason they use marijuana – Several state studies identify over 90% of medical marijuana users identify chronic pain as reason for their use – Average age is under 50 years old HireRight ® Copyright © 2016. All Rights Reserved www.HireRight.com #HireRightWebinar
  • 11. Why Is Medical Marijuana Used Today?  Medical marijuana is currently used for a number of medical conditions: – Agitation related to Alzheimer's disease – Cachexia (severe loss of appetite) – Cancer – Glaucoma – HIV+/AIDS – Nausea – Post Traumatic Stress Disorder (PTSD) – Pain – Seizures, including but not limited to epilepsy – Persistent muscle spasms, including but not limited to those caused by Multiple Sclerosis HireRight ® Copyright © 2016. All Rights Reserved www.HireRight.com #HireRightWebinar
  • 12. HireRight ® Copyright © 2016. All Rights Reserved12 Medical Marijuana States that have Medical Marijuana statutes in place » Legacy: 24 States - AK, AZ, CA, CO, CT, DE, HI, IL, ME, MD, MA, MI, MN, MT, NV, NH, NJ, NM, NY, PA, OR, RI, VT, WA, and Washington DC » New: 4 States – AR, FL, ND, and OH  Green = statute addresses need to accommodate when possible  Red = Regulation/case law explicitly states that employers DO NOT NEED to accommodate medical marijuana use  Black = Regulation silent in regard to need to accommodate  Gold = Statute still needs to be vetted www.HireRight.com #HireRightWebinar
  • 13. HireRight ® Copyright © 2016. All Rights Reserved13 Medical Marijuana www.HireRight.com #HireRightWebinar
  • 14. HireRight ® Copyright © 2016. All Rights Reserved14 Decriminalized Recreational Marijuana www.HireRight.com #HireRightWebinar
  • 15. Medical Review Stance  Medical marijuana is illegal » DEA Schedule 1 medicine – Illegal to possess, use, or prescribe  State medical marijuana is a recommendation » No prescription – No checks and balances in terms of usage or strength » Recommendation was originally intended for people who had no other medical option  Medical marijuana as standard is verified and reported as a positive drug screen after MRO review » All donors are told to address their medical marijuana use with their employer HireRight ® Copyright © 2016. All Rights Reserved www.HireRight.com #HireRightWebinar
  • 16. Safety Concern  Medical marijuana » Physician recommendation - not a prescription » No way to verify appropriate use – No verifiable prescription dose – Drug screening result by itself cannot be used to determine impairment • Potential ability with oral fluid and blood HireRight ® Copyright © 2016. All Rights Reserved www.HireRight.com #HireRightWebinar
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