No Broad Laws
*In these states, marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.
Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.
What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.
Employer Concerns – Significant to Review
FROM THE STATE
- (Arizona Revised Statute 36-2813) “Unless a failure to do so would cause an employer to lose a monetary or licensing related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination or imposing any term or condition of employment or otherwise penalize a person based upon either: status as a cardholder,” or solely for testing positive unless they used, possessed or were impaired at work.
- (Arizona Revised Statute 36-2814) “… 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.”
- See Significant above.
- Nothing in the law prohibits the employer from taking adverse action for an employee using, possessing or being under the influence of marijuana while at work.
- May not use or be under the influence at work. (See Discipline)
- Smoking is permitted as a form of ingestion.
- Driving under the influence is illegal and consumption in a vehicle is not allowed, neither by driver nor passenger.
Other Impacting Laws (e.g., drug testing, workers’ compensation, unemployment)
- Arizona has a voluntary drug testing law and an unemployment law with details about drug testing. Although not required, these statutes provide some legal protections for employers complying with these voluntary laws including greater latitude to deny unemployment claims.
- If an applicant or employee refuses or tests positive on a drug test, an offer for employment may be withdrawn or be discharged for misconduct and ineligible for unemployment benefits.
- Misconduct includes, “Repeated intoxication, whether from the use of intoxicating liquor or the use of illegal drugs, on the employer's premises or when reporting to work, frequent absences caused by intoxication or the aftereffects of intoxication, or sleeping on the employer's premises during scheduled work hours or inefficiency or inability to perform the employment, due to intoxication or the aftereffects of intoxication.”
- Arizona B. 2346, specifies that nothing requires a provider of workers’ compensation benefits to reimburse a person for costs associated with the medical use of marijuana.
- Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.
Sources (e.g., Bill Number, Authority)
- Arizona Revised Statutes Section 36-2801 to -2819 – Arizona Medical Marijuana Act
- Rev Stat 23.10-600-699 – Employment practices
- Rev. Stat. 23-619.01 – Misconduct
- Rev Stat 23-493 – Unemployment law
- Arizona HB 2346 – Reimbursement of marijuana costs
DISCLAIMER: This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.
CAUTION: Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).