The Arizona Medical Marijuana Act goes into effect on April 15, 2011. The Act permits a “qualifying patient” with a “debilitating medical situation” to get a registry identification card from the Arizona Division of Well being Services (ADHS). Cardholders can obtain an allowable amount of marijuana from a registered non-profit healthcare marijuana dispensary and use the marijuana to treat or alleviate specific healthcare situations. 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 beneath federal law.

The Arizona Health-related Marijuana Act is now incorporated in the Arizona laws as A.R.S. 36-2801 et seq. The ADHS is the designated agency that has been assigned to produce, adopt and enforce a regulatory program for the distribution of marijuana for medical use, the setting up of approved dispensaries and the issuance of identification cards.

How does the Arizona Healthcare Marijuana Act have an effect on employers? Employers can not 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 (two) a registered qualifying patient’s positive drug test for marijuana elements or metabolites, unless the patient utilised, possessed or was impaired by marijuana on the premises of the location of employment or for the duration of the hours of employment.

Although only a qualifying patient may well use health-related marijuana, other men and women may possibly also be cardholders subject to protection from discrimination which includes (1) the qualifying patient, (two) a designated caregiver or (3) an authorized non-profit health-related marijuana dispensary agent.

The Act does generate two limited exceptions to anti-discrimination provisions. Very first, there is an exception for employers who would, “drop a monetary or licensing associated benefit under federal law or regulations.” Second, an employer is not needed to employ 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 allow employees to use marijuana at the workplace or during operate hours. The Act does not authorize any individual to undertake any activity under the influence of marijuana that would constitute negligence or specialist malpractice. The Act particularly forbids any individual to operate motor cars who could be impaired by sufficient amounts of marijuana components or metabolites. Hence, 420 Mail Order USA may possibly nevertheless take action against employees who use marijuana in the workplace or who perform under the influence of marijuana.

Quite a few of you may well be asking oneself, “Can not marijuana be detected in urine tests for various days and even numerous weeks?” The answer is “yes,” on the other hand, the law reads, “the registered qualifying patient shall not be regarded to be below the influence of marijuana solely since of the presence of metabolites or elements of marijuana that seem in insufficient concentration to cause impairment.” A.R.S. 36-2814(A)(three)

So how does an employer or the ADHS define impairment? However, the Act does not define “impairment” or “under the influence.” Based on the statute, the mere presence of some level of metabolites or elements of marijuana in the program is not sufficient. Employers will have to come to be far more astute at recognizing and documenting behaviors and indicators of marijuana impairment.

Luckily, for employers, Arizona based employer organizations such as the Greater Phoenix Chamber of Commerce, approached the Arizona State Legislature relating to the vague and ambiguous language relating to “impairment.” This prompted the State Home of Representatives to present and pass Property Bill 2541 which basically permits employers to make use of similar guidelines that are discovered in “reasonable suspicion” policies. The bill has been sent to the State Senate for a vote (watch our blog for the outcome).

The finest practices approach for any company is to have in spot a drug and alcohol policy that contains at a minimum “post accident” and “reasonable suspicion” testing. The other forms of drug testing consist of pre-employment and random. Employers require to document any observed conduct, behavior or appearance that is seemingly altering the employee’s job efficiency or endangering others in the workplace.