Voluntary law provides for limited legal protections – § 23.10.620.
Medical Marijuana – Alaska Statute. 17.37.040(d)
Intoxication Defense – Alaska Statute 23.30.235.
Intoxication Defense – Denial of Workers Compensation Claim – States vary in their willingness to allow employers to use an injured worker’s intoxication as a defense against a claim for compensation. State laws’ intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and your attorney when you have a positive post-accident test after an injury.
In Alaska take these five steps to protect your business:
- Determine strategically how to treat marijuana.
- Develop new policies if none exist or update existing policies.
- Consider implementing a drug testing program, if you have not already done so. Be sure it complies with Alaska’s Safe Harbor Statute.
- Provide any changes in policy or new policy to employees.
- Decide how you will treat a breach of your policies or a confirmed positive test.
Policy Statement Example:
Company considers employee use of marijuana for medical and/or recreational purposes to be potential health, safety, and security problem. To ensure the maintenance of safety, productivity, the quality of services, and the security of property, Company maintains a zero-tolerance policy for all employees, including but not limited to employees in “safety sensitive” positions.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local laws vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.
State Law Alaska