How Does the New “Medical Marijuana” Law Affect Employers?


The Act allows a”qualifying individual” having a”debilitating medical condition” to get a recorder identification card from the Arizona Department of Health Services (ADHS). Cardholders can get an allowable quantity of marijuana from the registered non invasive clinical marijuana dispensary and apply the marijuana to treat or reduce certain medical conditions. A”qualifying individual” has to become diagnosed by, and receive written certificate from a physician. The Arizona regulation does not alter bud’s status as an illegal drug under federal law.

The Arizona health care Marijuana Act is now contained from the Arizona legislation as A.R.S. 36-2801 et seq.. The ADHS could be the designated bureau that’s been delegated to produce, adopt and apply a regulatory system for the supply of marijuana for medical use, the setting up of permitted dispensaries and also the issuance of identification cards.

Exactly how does the Arizona Healthcare Marijuana Act influence companies? Employers can’t discriminate against a person in hiring, terminating or imposing any word or condition of employment or otherwise penalize a individual predicated on both ; (1) the individual’s status as a cardholder, or even (two ) a documented qualifying individual’s good drug test for marijuana components or metabolites, unless the individual properly used, possessed or was impaired by bud onto the assumptions of this spot of work or during the hours of job.

While only a qualifying patient may use medical marijuana, additional patients may even be cardholders subject to protection against discrimination including (1 ) ) the licensed patient, (2) a physician or (3) an licensed nonprofit medical marijuana dispensary representative medical marijuana..

The Act will make two limited exceptions for anti-discrimination terms. First, there’s an exception for companies who would,”miss a monetary or licensing linked profit under federal law or regulations” Secondly, an employer isn’t necessary to hire or continue to hire a registered qualifying patient who tests positive for marijuana in the event the patient utilized the bud in the employer’s premises or during periods of job.

The Act doesn’t allow personnel to make use of marijuana at work or through work hrs . The Act will not authorize any man to undertake almost any action under the influence of marijuana which will make up negligence or skilled malpractice. The Act specifically forbids any person to work automobiles who might be diminished by sufficient amounts of marijuana parts or metabolites. Thus, employers may still take action against employees using marijuana at work or who function under the sway of bud.

Lots of you might be asking yourself,”Can’t marijuana be discovered in urine evaluations for several days and even a few weeks” The response is”yes,” but the law reads,””the documented authorised individual will be considered to be under the effect of bud solely because of the current presence of metabolites or the different parts of marijuana that appear in insufficient immersion to induce impairment.” A.R.S. 36-2814(A)(3)

So just how can an employer or the ADHS define handicap? Alas , the Act does not define”disability” or”below the effect.” Based on the statute, the mere presence of a level of metabolites or components of marijuana at the method is not enough. Employers might need to be more adept at recognizing and documenting behaviours and indicators of marijuana handicap.

Luckily, for employers, Arizona based company organizations including the Greater Phoenix Chamber of Commerce, approached the Arizona State Legislature about the obscure and ambiguous language regarding”handicap” This motivated the State House of reps to present and pass House Bill 2541 which ostensibly allows companies to utilize similar rules which are located in”reasonable suspicion” procedures. The bill has been delivered to the State Senate for a vote (watch our blog to get its results ).

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