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

Medical Use
Legalized - 2010 (Proposition 203)
Recreational Use
Legalized - 2020 (Proposition 207)
Possession/Personal Use Specifics

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 Regulatory Agency
State Forms (If Applicable)
None Required

State Testing Policy

General Information
Employers must have a clear written drug testing policy that outlines testing requirements, including reasonable suspicion criteria, which can be based on observed conduct or reported information. Remember, establishing robust documentation is a key risk mitigant for employers in states like Arizona.
Safety-Sensitive Positions
Arizona defines a safety-sensitive position as any job designated by an employer or one where duties could affect the safety of others, including operating equipment, repairing machinery, or handling food.
Privacy Laws
Employers might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.

Recommended Procedures

Does the state have 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.

State Employee Procedures and Policies
Employees shall not consume alcohol, drugs, or other intoxicants while performing job functions or while on-call or stand-by to perform job functions.

Protections for Use Outside Workplace/Work Hours

Is Arizona a "Right to Weed State"?
Employers may not discriminate in hiring, termination, terms of employment, or in any other way penalize an individual based on his or her status as a registered person, unless doing so would cause an employer to lose a monetary or licensing benefit under federal law. Arizona Medical Marijuana Act (AMMA).
More Detailed Information

State Requirements for Drug & Alcohol Testing Program

Testing Policy Requirements
Main Requirement
Testing details must be outlined in a written testing policy.