Is there a difference in legal protections in the workplace for medical marijuana patients versus recreational marijuana users?
Yes. In Arizona, there is a difference in the legal protections afforded to medical marijuana patients versus recreational marijuana users in the workplace. Under the Arizona Medical Marijuana Act (AMMA), registered qualifying patients who use medical marijuana in compliance with the state’s medical marijuana program are protected from discrimination by their employers, subject to certain limitations. Employers are generally prohibited from discriminating against a registered qualifying patient based solely on their status as a patient or their positive drug test for marijuana unless failing to do so would cause an employer to lose a monetary or licensing-related benefit under federal law or regulations. However, employers can still take action against medical marijuana if their marijuana use poses a safety risk and interferes with job performance. On the other hand, Arizona’s recreational marijuana law, which was passed in November 2020, does not provide any workplace protections for individuals who use marijuana for recreational purposes. Employers in Arizona are still allowed to maintain a drug-free workplace and take action against employees who test positive for marijuana, even if the employee used marijuana outside of work and was not under the influence while on the job. In summary, registered qualifying patients who use medical marijuana in compliance with the state’s program have certain limited protections against discrimination by their employers, whereas individuals who use marijuana for recreational purposes do not have any legal protections in the workplace.
What is the Arizona Medical Marijuana Act?
The Arizona Medical Marijuana Act (AMMA) is a law that was passed by Arizona voters in November 2010. The law allows individuals who have been diagnosed with a qualifying medical condition to obtain a registry identification card from the Arizona Department of Health Services (ADHS) that permits them to use and possess a limited amount of medical marijuana. The AMMA outlines the requirements for patients, caregivers, dispensaries, and healthcare providers participating in the state’s medical marijuana program. It also provides certain protections for registered qualifying patients who use medical marijuana in compliance with the state’s program. To qualify for a registry identification card, a patient must be diagnosed with a qualifying medical condition, such as cancer, glaucoma, HIV/AIDS, Crohn’s disease, or chronic pain. The patient must also obtain a written certification from a physician that they have a qualifying medical condition and that the medical use of marijuana would likely benefit the patient’s condition. Once a patient is approved for a registry identification card, they are allowed to possess up to 2.5 ounces of usable marijuana and grow up to 12 marijuana plants for their own use or designate a caregiver to grow for them. The Arizona Medical Marijuana Act has been amended several times since its passage, most recently with the passage of Proposition 207 in November 2020, which legalized the possession and use of marijuana for adult recreational use. However, the AMMA’s protections and requirements for registered qualifying patients remain in place.
What protections does the Arizona Medical Marijuana Act provide?
The Arizona Medical Marijuana Act (AMMA) provides several protections for registered qualifying patients who use medical marijuana in compliance with the state’s medical marijuana program. Here are some of the key protections provided by the AMMA:
1. Protection from discrimination: An employer cannot discriminate against a registered qualifying patient based solely on their status as a patient or their positive drug test for marijuana unless failing to do so would cause an employer to lose a monetary or licensing-related benefit under federal law or regulations.
2. Protection from criminal prosecution: Registered qualifying patients and caregivers are protected from criminal prosecution under state law for the medical use of marijuana.
3. Protection from arrest: Registered qualifying patients and caregivers are protected from arrest, prosecution, or penalty in any manner or denial of any right or privilege for the medical use of marijuana in accordance with state law.
4. Protection from forfeiture of property: Registered qualifying patients and caregivers are protected from forfeiture of property for the medical use of marijuana in accordance with state law.
5. Protection from discrimination in housing: A registered qualifying patient may not be denied any right or privilege, including the right to housing, based solely on their status as a patient.
6. Protection of confidentiality: All medical marijuana patients’ personal identifying information is confidential and may only be released to authorized personnel.
These protections are designed to ensure that registered qualifying patients who use medical marijuana in accordance with the state’s medical marijuana program are not subject to discrimination or criminal prosecution. However, it’s important to note that the protections provided by the AMMA have limitations, and employers may be able to take action against an employee who uses medical marijuana in violation of their drug-free workplace policies or if the employee’s medical marijuana use poses a safety risk.
What is a safety-sensitive job?
Under Arizona law, a “safety-sensitive position” means a job in which performance by an employee under the influence of drugs or alcohol could result in a significant risk of injury or damage to the employee or others. Examples of safety-sensitive positions include but are not limited to, positions in transportation, construction, manufacturing, mining, and positions requiring the use of heavy machinery or hazardous materials. Employers in Arizona have the right to designate positions as safety-sensitive based on their evaluation of the job duties and the potential risks involved. In these positions, drug and alcohol testing may be required as part of an employer’s drug-free workplace policy. Employers should clearly communicate which positions are designated as safety-sensitive to their employees and ensure that employees in these positions are aware of the drug and alcohol testing requirements.
Is it legal for an employer to fire an employee for using medical marijuana outside of work?
It depends on the circumstances. Arizona law protects registered qualifying patients who use medical marijuana as recommended by a physician. An employer may not discriminate against an employee based solely on their status as a registered qualifying patient or for a positive drug test for marijuana unless failing to do so would cause an employer to lose a monetary or licensing-related benefit under federal law or regulations. However, if an employee uses medical marijuana outside of work in a way that violates an employer’s drug-free workplace policy or poses a safety risk, the employer may be able to take disciplinary action, including termination.
Can an employer refuse to hire someone who uses medical marijuana?
No, an employer cannot refuse to hire someone solely because they use medical marijuana. Arizona law prohibits discrimination against a registered qualifying patient based solely on their status as a patient or their positive drug test for marijuana unless failing to do so would cause an employer to lose a monetary or licensing-related benefit under federal law or regulations. However, if the employee uses medical marijuana in a way that would violate the employer’s drug-free workplace policy or pose a safety risk, the employer may be able to take appropriate action, including rescinding a job offer.
Can an employer conduct drug tests on employees for marijuana?
Yes, an employer can conduct drug tests on employees for marijuana, but they must follow the requirements of Arizona law. If an employee tests positive for marijuana, the employer must provide the employee with a written copy of their drug test results and inform them of their right to explain the results. If the employee is a registered qualifying patient whose positive drug test is due to medical marijuana use, the employer cannot discriminate against them solely based on the test result. However, if the employee’s medical marijuana use violates the employer’s drug-free workplace policy or poses a safety risk, the employer may be able to take appropriate action.
What should an employer do if an employee tests positive for marijuana?
If an employee tests positive for marijuana, the employer should follow their drug testing policy and procedures. Depending on the circumstances, the employer may need to conduct a reasonable suspicion drug test, offer the employee the opportunity to explain the positive test result and consider any potential reasonable accommodations for a disability.
Can an employee use medical marijuana at work?
No, an employee cannot use medical marijuana at work. Arizona law prohibits the use of medical marijuana on the premises of any place of employment, except for the limited use of edibles or extracts that do not require inhaling or smoking. Employers have the right to maintain a drug-free workplace and can discipline or terminate employees who use drugs, including medical marijuana, on the job.
Tips for Medical Patients to Keep in Mind
As a medical marijuana patient who is also an employee in Arizona, here are some tips to keep in mind:
1. Understand your employer’s policies: Familiarize yourself with your employer’s drug and alcohol policies, particularly their policies regarding medical marijuana. Be aware of any safety-sensitive positions within your company, as well as any drug testing requirements.
2. Be honest with your employer: If you are a registered qualifying patient, it’s important to be open and honest with your employer about your medical marijuana use. Consider disclosing this information to your supervisor or HR representative, especially if you think it could affect your job performance or if you may be subject to drug testing.
3. Know your rights: As a registered qualifying patient, you have certain protections under the Arizona Medical Marijuana Act. Know what those protections are, and don’t be afraid to speak up if you believe your employer is violating them.
4. Be responsible: Remember that even though you have a medical marijuana card, you still have a responsibility to ensure that your use of marijuana does not interfere with your job performance or pose a safety risk to yourself or others.
5. Consider alternative forms of medication: If possible, consider alternative forms of medication that may not interfere with your job performance or pose a safety risk, especially if you work in a safety-sensitive position.
6. Seek legal advice: If you believe your employer is violating your rights as a registered qualifying patient or if you have any questions about your rights and responsibilities, consider consulting with an experienced employment law attorney who can provide guidance and help you understand your legal options.
