Arizona Medical Marijuana Act: Drug Testing Modifications Go Into Effect

The Arizona Medical Marijuana Act (AMMA), which permits a qualifying patient with a debilitating medical condition to obtain or cultivate a small amount of marijuana, also requires Arizona employers to make reasonable accommodations for qualified applicants and employees who use medical marijuana.

In response to the AMMA, the state legislature modified the Drug Testing of Employees Act, which offers private employers who conduct drug tests protection from liability in exchange for voluntarily adopting "best practices" aimed at ensuring the testing is fair and accurate. The modifications allow employers to refuse to place medical marijuana users in safety-sensitive jobs, and permits employers to discipline employees when there is a good faith belief that the employee was impaired by or improperly possessed marijuana while at work.

Employers in Arizona should review their policies to make sure that they comply with their obligations under the AMMA. Of course, Arizona employers should take advantage of the modifications of the Arizona drug testing laws and adopt drug testing policies that explain the employer's rules about possessing, using or being affected by medical marijuana at work.