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Medical Marijuana Within the Workplace in Arizona

Medical marijuana is now legal in Arizona under the Arizona Medical Marijuana Act. However, it is important to understand the restrictions when it comes to medical marijuana along with the rights employers have under the new act.

Medical Marijuana

Medical marijuana is defined as cannabis prescribed by doctors to patients. The use of prescribed cannabis is legal with the ownership of a state-approved card and a referral from a doctor.

Restrictions

Even though the use of medical marijuana for approved patients is legal, there are still restrictions to abide by. These include:

–       Restricted usage on a school bus, all schools grounds, and correctional facilities

–       Restricted usage on public transportation or in a public space

How Does Medical Marijuana Impact Employers?

Since the Arizona Medical Marijuana Act came into effect in 2010, employers must follow certain laws when it comes to medical marijuana and the workplace.

–       Employers are not allowed to discipline an employee or refuse to hire an applicant because they are a medical marijuana patient. However, most jobs are a drug free workplace, so the use of medical marijuana is forbidden.

–       Employers are not allowed to discipline an employee or refuse to hire an applicant if they have tested positive for marijuana in a drug test.

–       Employers do have the right to discipline an employee if they tested positive for marijuana in a drug test and further investigation found that the employee either possessed marijuana while on the job or was impaired during work hours. Keep in mind that according to the Arizona Medical Marijuana Act, the effects of marijuana lasts up to 48 hours.

–       Employers also have the right to refuse the use of marijuana in the workplace, even if the employee is a medical marijuana patient.

If you are an employer and are ever confused about the medical marijuana laws in the workplace, always contact the professional lawyers at MKC for legal advice.