How Does the New "Medical Marijuana" Law Affect Employers?

The Arizona Medical Marijuana Act goes into effect on April 15, 2011. The Act allows a"qualifying individual" with a"debilitating medical condition" to acquire a registry identification card by the Arizona Department of Health Services (ADHS). Cardholders can get an allowable quantity of bud from a documented non-profit medical marijuana dispensary and apply the bud to treat or relieve specific medical problems. A"qualifying patient" must be identified with, and get written certificate from a doctor. The Arizona law doesn't change bud's status as an illegal drug under federal law enforcement.

The Arizona Medical Marijuana Act is now contained at the Arizona legislation as A.R.S. 36-2801 et seq..The ADHS is your designated agency that's been delegated to make, adopt and apply a regulatory strategy for the supply of marijuana for clinical use, the setup of accepted dispensaries as well as the issuance of identification cards.
How can the Arizona Medical Marijuana Act affect companies? Employers can't discriminate against someone in hiring, terminating or tripping any term or condition of employment or otherwise punish someone based on either(1) that the individual's standing as a cardholder, or (2) a registered qualifying individual's positive drug test for marijuana elements or metabolites, unless the patient used, owned or has been impaired by marijuana on the premises of the location of employment or during the hours of employment.
While a qualifying patient can use medical marijuana, other folks might also be cardholders subject to protection against discrimination such as (1) the qualifying patient, (2) a physician or (3) a licensed non-profit medical marijuana dispensary agent.
The Act does produce two limited exceptions for anti-discrimination provisions. To begin with, there's an exception for companies who'd,"shed a licensing or monetary associated advantage under national regulations or law." Secondly, an employer isn't required to employ or continue to employ a registered qualifying patient who tests positive for marijuana when the individual used the bud to the employer's premises or during hours of employment.
The Act doesn't permit workers to use marijuana in the office or through work hours. The Act doesn't authorize any individual to undertake any activity under the effect of marijuana which could constitute negligence or professional malpractice. The Act specifically prohibits any individual to operate motor vehicles who might be diminished by adequate quantities of marijuana parts or metabolites. Therefore, companies can still take action against workers using marijuana at work or who operate under the influence of marijuana.
Lots of you might be asking your self,"Can't marijuana be detected in urine tests for many days and even a few weeks?" The solution is"yes," but the legislation reads,"the registered qualifying patient will not be regarded as under the effect of marijuana solely due to the existence of metabolites or elements of bud which arise in insufficient concentration to induce impairment."A.R.S. 36-2814(A)(3)
Just just how can an employer or even the ADHS define handicap? Sadly, the Act doesn't define"disability" or even"under the sway." Depending on the statute, the mere existence of some degree of metabolites or elements of bud in the machine isn't sufficient. Employers will need to be astute at recognizing and documenting behaviors and signs of bud disability.
Luckily, for companies, Arizona established employer organizations such as the Greater Phoenix Chamber of Commerce, approached the Arizona State Legislature concerning the obscure and ambiguous language concerning"handicap" This motivated the State House of Representatives to pass and present House Bill 2541 which essentially allows companies to use similar guidelines which are observed at"reasonable suspicion" policies. The bill was delivered to the State Senate for a vote (see our website for the result ).
The best practices strategy for any company is to have set up a drug and alcohol policy which includes at a minimum"post injury" and"reasonable suspicion" testing. The other kinds of drug testing comprise pre-employment and arbitrary. Employers will need to record any detected conduct, behaviour or appearance that's apparently altering the worker's job performance or endangering other people at work.
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