It’s high time to review your drug testing policy

With Proposition 207’s passage in November 2020, Arizona joined the growing list of states legalizing adult recreational marijuana use. As the legalization and decriminalization trend continues (including with recent action by the U.S. House of Representatives), now is a good time for Arizona employers to review and update your drug testing policies. Importantly, although the sale, possession, and use of certain amounts of marijuana are legal in Arizona, the Responsible Adult Use of Marijuana Act states employers must not tolerate any of the conduct (or employee impairment) in the workplace, and it doesn’t give recreational users any employment protections. The Arizona Medical Marijuana Act does provide certain job-related protections for cardholders, but it also doesn’t require employers to allow workplace use or possession of marijuana or employee impairment on duty.

To test or not to test?

Most private-sector employers in Arizona have a choice about whether and under what circumstances to administer drug tests. Common reasons for testing employees include (1) reasonably suspecting an employee is impaired while on duty and (2) investigating on-the-job injuries and accidents.