The Arizona Health-related Marijuana Act goes into impact on April 15, 2011. The Act permits a “qualifying patient” with a “debilitating medical condition” to receive a registry identification card from the Arizona Department of Well being Services (ADHS). Cardholders can receive an allowable amount of marijuana from a registered non-profit health-related marijuana dispensary and use the marijuana to treat or alleviate certain health-related conditions. A “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 below federal law.
The Arizona Medical 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 make, adopt and enforce a regulatory system for the distribution of marijuana for health-related use, the setting up of approved dispensaries and the issuance of identification cards.
How does the Arizona Medical Marijuana Act affect employers? Employers cannot discriminate against a person in hiring, terminating or imposing any term or situation of employment or otherwise penalize a individual primarily based on either (1) the person’s status as a cardholder, or (2) a registered qualifying patient’s constructive drug test for marijuana elements or metabolites, unless the patient applied, possessed or was impaired by marijuana on the premises of the location of employment or in the course of the hours of employment.
Even though only a qualifying patient may perhaps use medical marijuana, other folks might also be cardholders subject to protection from discrimination including (1) the qualifying patient, (two) a designated caregiver or (three) an authorized non-profit medical marijuana dispensary agent.
The Act does create two limited exceptions to anti-discrimination provisions. Initially, there is an exception for employers who would, “shed a monetary or licensing associated benefit under federal law or regulations.” Second, an employer is not essential to hire or continue to employ a registered qualifying patient who tests positive for marijuana if the patient used the marijuana on the employer’s premises or throughout hours of employment.
The Act does not enable employees to use marijuana at the workplace or in the course of perform hours. The Act does not authorize any individual to undertake any job below the influence of marijuana that would constitute negligence or expert malpractice. The Act specifically forbids any person to operate motor cars who may well be impaired by adequate amounts of marijuana components or metabolites. Hence, employers may possibly still take action against workers who use marijuana in the workplace or who operate under the influence of marijuana.
Lots of of you may well be asking yourself, “Can’t marijuana be detected in urine tests for many days and even various weeks?” The answer is “yes,” even so, the law reads, “the registered qualifying patient shall not be viewed as to be below the influence of marijuana solely due to the fact of the presence of metabolites or components of marijuana that appear in insufficient concentration to trigger impairment.” buy cannabis online .R.S. 36-2814(A)(three)
So how does an employer or the ADHS define impairment? Unfortunately, the Act does not define “impairment” or “beneath 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 turn out to be additional astute at recognizing and documenting behaviors and indicators of marijuana impairment.
Fortunately, for employers, Arizona based employer organizations like the Greater Phoenix Chamber of Commerce, approached the Arizona State Legislature concerning the vague and ambiguous language relating to “impairment.” This prompted the State Residence of Representatives to present and pass House Bill 2541 which generally permits employers to utilize related suggestions that are identified in “affordable suspicion” policies. The bill has been sent to the State Senate for a vote (watch our blog for the outcome).
The very best practices approach for any organization is to have in place a drug and alcohol policy that contains at a minimum “post accident” and “affordable suspicion” testing. The other sorts of drug testing contain pre-employment and random. Employers want to document any observed conduct, behavior or appearance that is seemingly altering the employee’s job efficiency or endangering others in the workplace.