Fun Times With Medical Marijuana

April 13th is fast approaching.  This will be the day when Medical Marijuana will become legal in the state of Arizona.  Why should an employer care?

Arizona will be the first state enacting a Medical Marijuana law that provides an element of protection for employees, thereby limiting an employer's options to enforce their own policies and practices in the workplace.  Currently an Arizona employer who has a policy against drug use in the workplace and who also tests applicants post-offer and wants to deny employment if there is a positive result is well within their right to do so.

After April 13th, if the applicant is certified as a Medical Marijuana user or a caregiver of a Medical Marijuana user - or also works at a Medical Marijuana dispensary, this will no longer be the case.  You can't deny them employment just based on a positive drug test if they meet the above criteria.

Also in the near future, those certified as Medical Marijuana users, caregivers or dispensary employees can only be terminated if they violate other provisions of your drug policy - not simply if they fail a drug test.

That is why it is even more important than ever that employers have policies against possession of drugs in the workplace or the use of drugs during working hours.  Only if you can prove serious impairment will you be safe to do so.  I'm predicting that proving impairment is going to be challenged in the courts for many months to come.

So what can you do to protect yourself?

First, make sure your policies are worded specifically and communicated well to all employees.  Be sure to include the right to inspect any possessions brought into the workplace by employees.  If you emphasize your right to inspect possessions and put employees on notice, you'll have some protection and be more likely to prevail if taken to court.  Second, train your employees and supervisors on the requirements of this new law.  Finally, be ready to enforce your policies to ensure a safe workpalce for all - you, your employees and your customers.

Have fun!  It should be interesting!