Marijuana is again front and center in Arizona. On Election Day, Arizona voters legalized marijuana. Additionally, a recent U.S. District Court of Arizona decision may change how employers handle workers who are medical marijuana cardholders. Here’s what employers need to know.
The Smart and Safe Arizona Act (Proposition 207)
Arizona voters passed Proposition 207, nicknamed the “pot prop,” on November 3, 2020. Prop. 207 legalizes limited possession and use of marijuana for adults 21 years or older and permits individuals to grow up to six marijuana plants in their residences. The law will go into effect on or before April 2021 after the state has issued the required licenses for recreational dispensaries.
From an employment standpoint, what is interesting about Prop. 207 is that it provides no employment protections. The Arizona Medical Marijuana Act (AMMA) prohibits employers from discriminating against valid AMMA card holders. Prop 207, however, does not provide similar protections for recreational users. Thus, employers in Arizona can take adverse action (e.g., not hiring, disciplining, discharging) against recreational marijuana users who test positive for marijuana components or metabolites if they are not AMMA card holders.
The Safety-Sensitive Position Exception to the AMMA
A recent, tentative ruling in the U.S. District Court in Arizona on October 6, 2020, strongly suggests that the courts are likely to strike down the “safety-sensitive position” exception to the AMMA. (The ruling was tentative because before the court finalized its ruling, the parties settled the case.)
Background: In 2010, voters approved the ballot initiative that was the AMMA. In 2011, the Arizona Legislature enacted the Drug Testing of Employees...
