Arizona
Information provided is current as of August 22, 2024, and companies are encouraged to consult with legal counsel on these types of complex matters.
Cannabis Legalization History
Residents may possess up to one ounce for either medical or recreational use, or 5 grams or less of marijuana concentrate. Residents may grow up to six cannabis plants for noncommercial purposes per adult, or 12 plants per household.
Medical marijuana users with valid cards are generally protected from employer discrimination based on their status or positive drug tests. However, this protection doesn't cover on-site use, possession, or impairment while working. Employers can take action against employees in these situations, even if it doesn't violate federal law, as long as they can demonstrate safety concerns or potential financial ramifications.
State Regulatory Agency Information
State Testing Policy
Recommended Procedures
It is always recommended to have standardized documentation and training procedures and regular employee evaluations to set clear performance expectations.
Arizona recommends a nuanced approach to drug testing that balances workplace safety with employee rights. Employers should clearly define and document the inherent safety-sensitivity of each position, establish objective indicators of potential drug use, and document any observed instances.
Adhere to the established drug testing policy throughout the process. Refrain from solely relying on positive test results; conduct additional assessments and seek legal guidance when uncertainties arise.