The Arizona Medical Marijuana Act goes into effect on April 15, 2011. The Act permits a “qualifying patient” with a “debilitating health-related condition” to receive a registry identification card from the Arizona Division of Health Solutions (ADHS). Cardholders can obtain an allowable amount of marijuana from a registered non-profit healthcare marijuana dispensary and use the marijuana to treat or alleviate particular healthcare situations. A “qualifying patient” has to be diagnosed by, and receive written certification from a doctor. The Arizona law does not alter marijuana’s status as an illegal drug below federal law.
The Arizona Healthcare Marijuana Act is now integrated in the Arizona laws as A.R.S. 36-2801 et seq. The ADHS is the designated agency that has been assigned to generate, adopt and enforce a regulatory method for the distribution of marijuana for healthcare use, the setting up of authorized dispensaries and the issuance of identification cards.
How does the Arizona Medical Marijuana Act affect employers? Employers can’t discriminate against a person in hiring, terminating or imposing any term or situation of employment or otherwise penalize a individual based on either (1) the person’s status as a cardholder, or (2) a registered qualifying patient’s optimistic drug test for marijuana components or metabolites, unless the patient made use of, possessed or was impaired by marijuana on the premises of the place of employment or through the hours of employment.
Though only a qualifying patient may use health-related marijuana, other men and women may perhaps also be cardholders topic to protection from discrimination including (1) the qualifying patient, (two) a designated caregiver or (three) an authorized non-profit healthcare marijuana dispensary agent.
The Act does make two limited exceptions to anti-discrimination provisions. Initial, there is an exception for employers who would, “lose a monetary or licensing connected benefit under federal law or regulations.” Second, an employer is not necessary to employ or continue to employ a registered qualifying patient who tests positive for marijuana if the patient applied the marijuana on the employer’s premises or throughout hours of employment.
The Act does not allow employees to use marijuana at the workplace or for the duration of work hours. The Act does not authorize any person to undertake any job below the influence of marijuana that would constitute negligence or professional malpractice. The Act particularly forbids any person to operate motor cars who might be impaired by adequate amounts of marijuana components or metabolites. As a result, employers may perhaps nevertheless take action against employees who use marijuana in the workplace or who function beneath the influence of marijuana.
Numerous of you might be asking yourself, “Cannot marijuana be detected in urine tests for a number of days and even quite a few weeks?” The answer is “yes,” having said that, the law reads, “the registered qualifying patient shall not be viewed as to be under the influence of marijuana solely simply because of the presence of metabolites or components of marijuana that seem in insufficient concentration to trigger impairment.” A.R.S. 36-2814(A)(3)
So how does an employer or the ADHS define impairment? Regrettably, the Act does not define “impairment” or “under the influence.” Primarily based on the statute, the mere presence of some level of metabolites or elements of marijuana in the technique is not adequate. thc oil cartridges shipped anywhere will have to grow to be far more astute at recognizing and documenting behaviors and indicators of marijuana impairment.
Fortunately, for employers, Arizona primarily based employer organizations like the Greater Phoenix Chamber of Commerce, approached the Arizona State Legislature with regards to the vague and ambiguous language with regards to “impairment.” This prompted the State Home of Representatives to present and pass Property Bill 2541 which essentially allows employers to make use of related guidelines that are discovered in “reasonable suspicion” policies. The bill has been sent to the State Senate for a vote (watch our blog for the outcome).
The greatest practices approach for any enterprise is to have in location a drug and alcohol policy that includes at a minimum “post accident” and “affordable suspicion” testing. The other varieties of drug testing incorporate pre-employment and random. Employers require to document any observed conduct, behavior or look that is seemingly altering the employee’s job overall performance or endangering other people in the workplace.