The Arizona Medical Marijuana Act goes into impact on April 15, 2011. The Act permits a “qualifying patient” with a “debilitating medical situation” to acquire a registry identification card from the Arizona Division of Overall health Solutions (ADHS). Cardholders can obtain an allowable quantity of marijuana from a registered non-profit healthcare marijuana dispensary and use the marijuana to treat or alleviate particular health-related conditions. yoursite.com qualifying patient” has to be diagnosed by, and receive written certification from a physician. The Arizona law does not alter marijuana’s status as an illegal drug beneath federal law.
The Arizona Health-related Marijuana Act is now included in the Arizona laws as A.R.S. 36-2801 et seq. The ADHS is the designated agency that has been assigned to build, adopt and enforce a regulatory program for the distribution of marijuana for health-related use, the setting up of authorized dispensaries and the issuance of identification cards.
How does the Arizona Health-related Marijuana Act influence employers? Employers cannot discriminate against a particular person in hiring, terminating or imposing any term or condition of employment or otherwise penalize a particular person primarily based on either (1) the person’s status as a cardholder, or (2) a registered qualifying patient’s optimistic drug test for marijuana elements or metabolites, unless the patient utilised, possessed or was impaired by marijuana on the premises of the spot of employment or through the hours of employment.
Though only a qualifying patient may well use health-related marijuana, other individuals may also be cardholders subject to protection from discrimination which includes (1) the qualifying patient, (two) a designated caregiver or (three) an authorized non-profit healthcare marijuana dispensary agent.
The Act does create two restricted exceptions to anti-discrimination provisions. First, there is an exception for employers who would, “shed a monetary or licensing related benefit below federal law or regulations.” Second, an employer is not needed to employ or continue to employ a registered qualifying patient who tests constructive for marijuana if the patient applied the marijuana on the employer’s premises or for the duration of hours of employment.
The Act does not enable employees to use marijuana at the workplace or in the course of work hours. The Act does not authorize any individual to undertake any task beneath the influence of marijuana that would constitute negligence or qualified malpractice. The Act specifically forbids any individual to operate motor automobiles who may perhaps be impaired by adequate amounts of marijuana components or metabolites. Therefore, employers may possibly nonetheless take action against staff who use marijuana in the workplace or who work beneath the influence of marijuana.
Numerous of you may be asking yourself, “Cannot marijuana be detected in urine tests for various days and even many weeks?” The answer is “yes,” nevertheless, the law reads, “the registered qualifying patient shall not be regarded as to be below the influence of marijuana solely since of the presence of metabolites or components of marijuana that seem in insufficient concentration to lead to impairment.” A.R.S. 36-2814(A)(3)
So how does an employer or the ADHS define impairment? Unfortunately, the Act does not define “impairment” or “under the influence.” Based on the statute, the mere presence of some level of metabolites or components of marijuana in the method is not sufficient. Employers will have to come to be much more astute at recognizing and documenting behaviors and indicators of marijuana impairment.
Thankfully, for employers, Arizona primarily based employer organizations such as the Greater Phoenix Chamber of Commerce, approached the Arizona State Legislature regarding the vague and ambiguous language concerning “impairment.” This prompted the State Residence of Representatives to present and pass House Bill 2541 which essentially allows employers to make use of equivalent guidelines that are located in “affordable suspicion” policies. The bill has been sent to the State Senate for a vote (watch our blog for the outcome).
The best practices strategy for any business enterprise is to have in location a drug and alcohol policy that incorporates at a minimum “post accident” and “affordable suspicion” testing. The other sorts of drug testing incorporate pre-employment and random. Employers have to have to document any observed conduct, behavior or look that is seemingly altering the employee’s job efficiency or endangering others in the workplace.