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Summary of differences between federal and state regulations
Medical marijuana
A registered qualifying patient or registered designated caregiver is not subject to arrest, prosecution, or penalty or disciplinary action by a court or professional licensing board for use of marijuana under state law. Employers may not be penalized for employing a registered qualifying patient or caregiver.
Unless a failure to do so would cause the employer to lose a monetary or licensing related benefit under federal law, employers may not discriminate against a person in hiring, termination, or any condition of employment based on a person’s status as a cardholder or a positive drug test for marijuana or its metabolites, unless the patient used, possessed, or was impaired by marijuana in the workplace or during work hours.
Employers may use a web-based verification system to verify registry identification cards. Employers may use the system only to verify a registry identification card that is provided to the employer by a current employee or applicant who has received a conditional offer of employment.
An employer is not required to allow the use of marijuana in the workplace and is not required to allow any employee to work while under the influence of marijuana. A registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of marijuana metabolites that are insufficient to cause impairment. An employer may discipline an employee for ingesting marijuana at work or for working while under the influence of marijuana.
A person may be penalized for operating a motor vehicle while under the influence of marijuana, although a registered qualifying patient shall not be under the influence of marijuana solely because of the presence or metabolites or components of marijuana that appear in insufficient concentration to cause impairment.
Workers’ compensation
A workers’ compensation carrier or employer providing workers’ compensation benefits is not required to reimburse a person for costs associated with the use of medical marijuana.
Court Case
Carol Whitmire v. Wal-Mart Stores Incorporated, United States District Court for the District of Arizona, No. CV-17-08108-PCT-JAT, Feb. 7, 2019
The U.S. District Court found in that an employer who fired a medical marijuana cardholder for a positive drug test violated the Arizona Medical Marijuana Act.
The employee was a customer supervisor who smoked medical marijuana before bed to help her sleep and to treat chronic pain from arthritis. She did not bring it to work, and said she was not impaired by it on the job.
The employee was injured when a bag of ice fell on her wrist while she was leveling bags in the ice machine. She was treated for the injury, and was tested for drugs as required by company policy.
The employee was fired after the positive test and sued, alleging that this violated the state’s medical marijuana law.
The employer argued that it was protected by the state’s Drug Testing of Employees Act, which allows an employer to take action against an employee when it has a good faith belief that the employee was impaired at work.
The employee’s drug test results were positive at a level greater than 1000 ng/ml, the highest level the test could record, and the employer said that this provided the basis for a good faith belief that the employee was impaired during work hours.
However, the employer did not provide an expert witness who could prove that the level of marijuana in the employee’s system was enough to cause impairment. In addition, the employer did not provide other evidence that the employee was impaired at work.
Because of this, the court found that the drug test did not prove that the employee was impaired at work.
In addition, it found that the company disregarded the state’s medical marijuana law by having a policy that allowed it to terminate associates who tested positive for marijuana while on company premises or during work hours regardless of whether or not the employee possessed a medical marijuana card and regardless of the level of marijuana detected.
Recreational marijuana
Voters passed the Smart and Safe Arizona Act in November 2020. This allows individuals 21 and over to possess, consume, or transfer up to 1 ounce of cannabis.
Employers may maintain a drug-free workplace. The act does not prevent workplace policies restricting the use of marijuana by employees or prospective employees.
Marijuana cannot be smoked in a public place or an open space. A person cannot consume marijuana or marijuana products while driving or riding in the passenger seat of a motor vehicle.
Employers are not required to allow or accommodate the use, consumption, possession, transfer, display, transportation, sale or cultivation of marijuana in a place of employment. They may prohibit or regulate the use of marijuana on their properties.
In addition, the act does not require a person to take an action that would result in the loss of a monetary benefit under federal law.
The law does not limit any privilege or right of a qualifying patient under the state’s medical marijuana law, however.
State
Arizona Department of Health Services
Regulations
Arizona Medical Marijuana Act
Arizona Revised Statutes Title 36, Chapter 28.1 (36-2801 to 36-2819)
Medical Marijuana Program
Arizona Administrative Code Title 9, Chapter 17
The state is undergoing rulemaking to update its Medical Marijuana Rules, due to a July 2013 Superior Court Order dealing with dispensary registration certificates.