Medical Marijuana in the WorkplaceIn November 2010, Arizona’s voters approved a medical marijuana law. A.R.S. §36, Chapter-28.1. People with certain medical conditions can legally possess up to two-and-one-half ounces of usable marijuana if the person has a registered medical marijuana card.
Job candidates and employees who use medical marijuana also have job protection under some circumstances. To have job protection a person must be a registered medical marijuana cardholder. The process of applying for, registering, and maintaining this medical marijuana card is explained in the law. A.R.S. § 36.2804.02.
The Medical Marijuana Law
Arizona employers cannot refuse to hire, fire, or otherwise penalize a job candidate or employee because the person is a registered medical marijuana cardholder except if:
- A failure to discriminate against the medical marijuana cardholder would cause an employer to lose a monetary or licensing related benefit under federal law or regulations. For example, the federal Department of Transportation regulations prohibit a person required to have a commercial driver’s license to drive a commercial vehicle when using marijuana for any reason. A driver that needs a commercial driver’s license to work is not protected by the Arizona Medical Marijuana.
- The employee uses medical marijuana on the employer’s premises or during the hours the employee is on the job.
- The employee has medical marijuana on the employer’s premises or has medical marijuana in their possession during the hours the employee is on the job,
- The medical marijuana cardholder was impaired by marijuana on the premises of the place of employment or during the hours of employment.
Regarding marijuana impairment, the law says “that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.” Currently, Arizona law does not have any level of metabolites or marijuana components that establishes impairment. This means an employer cannot act solely on the results of a positive drug test if the employee is a registered cardholder.
Medical Marijuana Cards Issued by another State
The law provides some protection for people with a medical marijuana card from another state. A medical marijuana card issued by another state protects a person in Arizona if the person is not a resident of Arizona or who has been a resident of Arizona for less than thirty days.
Medical marijuana identifications cards expire one year after issue. The medical marijuana cardholder is responsible for having a non-expired identification card.
There is a secure, password-protected, web-based verification system for use on a twenty-four hour basis by employers to verify registry identification cards. An employer may use the verification system only to verify a registry identification card that is provided to the employer by a current employee or by an applicant who has received a conditional offer of employment.
Medical Marijuana and Arizona’s Drug Testing of Employees Law
Medical marijuana use in the workplace may also be regulated under Arizona’s Drug Testing of Employee’s Law – A.R.S. § 23, Chapter 2, Article 14.
The Arizona Drug Testing of Employees Law protects employers from being sued if the employer acts in good faith on a positive drug test and the employer’s drug testing policy meets certain requirements. This means if a drug test shows illegal drug use even if the employee has not used drugs and the drug policy is written properly, the employee cannot sue the employer if the employer honestly believed the drug test result was correct.
A.R.S. 23-493.06 says an employer can reassign an employee in a safety sensitive position to another position or place an employee on paid or unpaid leave. In order to remove or reassign an employee from a safety sensitive position, the employer must sincerely believe;
1. the employee is engaged in the current use of any drug, whether legal, prescribed by a physician or otherwise, (emphasis added) and,
2. the drug could cause an impairment or otherwise decrease or lessen the employee's job performance or ability to perform the employee's job duties
Arizona’s legislators added A.R.S. 23-493.06 to the Drug Testing of Employees Law shortly after the voters passed Arizona’s medical marijuana law. Therefore, this “drug, whether legal, prescribed by a physician or otherwise,” language could be used by an employer against a registered medical marijuana cardholder.
Any conflict between Arizona’s Medical Marijuana Law and Arizona’s Drug Testing of Employees Law will have to be resolved by the court.
If you are an employer needing additional information about medical marijuana in the workplace or a job candidate or employee who believes an employer has violated the protections you have under Arizona’s Medical Marijuana Law, you should contact an attorney who specializes in employment law or medical marijuana law.
Legal Correspondent: Dave Smith 7/14/2016
I went to the EEOC to discuss my seperation with my employers. They agreed it was unfair but could not help me because we didn't have over 16 employees in the office.(only 9) They suggested I contact an attorney, however when contacting those on the list I was given they all wanted a consultation fee of 300. or more. Is there an attorney I would talk to just to see what my rights are at no charge. I am still un-employed after 6 months!
my fiance had to quit her job due to harrasment that has now caused long term effects and has caused her depression to progress. She was not only sexually harrassed by her coworker but also talked down to made fun of and harrassed by her boss. who should we contact in order to bring a law suit against them? and its been a month or so since she quit , so do we still have a shot?
I have gone to multiple interviews with a company and was given date and times for training during last interview . I called to find out if I was hired and I was told the position was filled. The position is still open, I feel that I have been discriminated against becasue of a disability. Do I have a case?
My finance is being threatened with termination of her job, harrassed ever since she had obtained a FMLA for her daughter's condition. There are things that have been said to to her in meetings with her boss and she needs to know if she can legally record those conversations without her boss knowing as proof of harrassment?
What is the Americans with Disabilities Act (ADA)?
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I was targeted by other staff who did not do their jobs according to policeys, I was responcible for menu/budget also medical appointments and to communicate care plans. other staff who did not want to follow Dr. driven diet plans or portion control complained I was bossie. Now my former employer is using these without merit complaints against me to block my eligibility for UC. Also the day of discharge i was in such shock that I signed the termination paper and it was not explained to me to also write in my side of said incident. Now that also is being used against me as evidence. any hope 4m
At work i am being verbally harassed via email and in person is there any way that i have a case against someone with this it is not racial or sexual it is explicit and rude!I will be quitting and need to know what to do this company is known to sue people when they leave for nothing. i want to see if he comes after me if i have a leg to stand on in court with the emails saved and recordings of his abuse verbally>
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