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Arizona Drug Testing Compliance

Capital Phoenix Population 6,931,071
Largest city Phoenix
Area 113,990 sq mi
Criminal rate 47 crimes /10,000 people Time Zone UTC−7

Arizona Employee Background Check Laws

Arizona

Legal status for workplace drug screening and alcohol testing

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.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for Arizona.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
Yes
Q3: Are there any state requirements for test methods?
A: No, but if testing is conducted it must be done among all employees, including management.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: There are no current limitations, although many employers follow the federal guidelines to test for Amphetamines, cocaine, marijuana, opiates, and PCP.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No
Q6: Is it required to use a Certified Laboratory?
A: SAMHSA, CAP or Arizona Dept. of Health Services
Q7: What types of specimens can we test for?
A: Urine, Blood, Hair, Saliva, or Breath.
Q8: Are there restrictions for Alcohol Testing?
A: The same qualifications apply as they do for drug testing.

Did you know?

Q1. Are there employer limitations if employee tests positive for marijuana while at work?

Correct!

 

 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.

 

Arizona Drug & Alcohol Testing Laws

In the November 3, 2010 election,  50.13% of the Arizona voters approved Ballot Proposition 203, the “ Arizona Medical Marijuana Act .” To ease employer limitations under the medical marijuana law, the Arizona legislature amended the Arizona drug testing law in 2011. How these two laws will be melded together by the courts remains to be seen.

In 2011, the state legislature, seeking to relieve employers of the restrictions imposed by the Medical Marijuana Act, passed HB 2541. (A.R.S. T.23, Art.14) Governor Brewer signed the bill into law April 29, 2011. This additional measure supplemented the state’s drug testing law. The amendments did not eliminate the Medical Marijuana Act’s anti-discrimination provisions; it provided employers with protection from litigation if they imposed discipline based on testing – even of a medical marijuana patient - if the employer complied with the drug testing rules.

 

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Update: November 2017

Disclaimer

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.

Arizona Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Arizona personal and medical use of marijuana.

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. Employer may not discriminate based on status as medical marijuana user in Arizona. A positive test alone is not proof of being under the influence. Code sec.36-2813(B)

Personal Use:  All efforts to pass legislation permitting personal use of marijuana in Arizona have failed.

For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.

Update: November 2017

Disclaimer

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.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases at this time.

No known issues from court cases at this time.

N/A

N/A

Update: November 2017

TO PAGETOP