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Marijuana Legalization by State.
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Our intent is to make Arizona drug test compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in Arizona.
Arizona is a “Open” state, which means there are no state statutes, regulations or known court decisions that would limit your choices for implementing a drug or alcohol testing program or any aspect of it. Testing is your choice, but there may be federal rules to consider.
However, this state has passed a medical marijuana law which restricts employer action.
This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.
An employer may not discriminate against registered cardholders in hiring, termination, or any term or condition of employment or otherwise penalized them for testing positive for marijuana or metabolites. The Smart and Safe Arizona Act (SSAA) does not require you to permit recreational use by your employees. Organizations are able to remove marijuana drugs from drug testing as long as it is documented in their drug abuse policy. It is advised to reach out to your counsel on what the steps are to be taken.
Q1. Are there employer limitations if employee tests positive for marijuana while at work? Yes:
Answer is “Yes”
A positive drug test alone is not proof of being under the influence. But, if an employer complies with the state drug testing laws, there is protection.
This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.
All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.
Medical Use: The use of marijuana for medical purposes has been authorized in Arizona, and discipline for a positive test for medical marijuana patients is limited. Employers may not discriminate based on status as a medical marijuana user in Arizona. A positive test alone is not proof of being under the influence. Code sec.36-2813(B)
Personal Use: Adults 21 years old and older may use possess, or transfer use no more than six plants at a primary residence. Smoking in a public place is prohibited. Employers are still able to maintain a drug-free workplace and zero tolerance.
For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.
No known court cases at this time.
No known issues from court cases at this time.