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30 Nov

November 2020 Arizona HR Legal Updates

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Arizona Voters Legalize Recreational Marijuana Usage

What happened?
The voters in Arizona have passed Proposition 207, the Smart and Safe Arizona Act, which legalizes the possession and use of marijuana by adults age 21 and over for recreational or non-medicinal use.

What are the details?
Proposition 207 includes language allowing employers to maintain drug-free workplace policies. However, employers should be mindful of the existing protections that are still applicable to employees who use medicinal marijuana. Specifically, employers may not discriminate against any person who uses marijuana for medical reasons as permitted by state law because of “positive drug test for marijuana components or metabolites, unless the used, possessed or was impaired on the premises of the place of employment during the hours of employment.”

Employers are not required to “allow or accommodate the use, consumption, possession, transfer, display, transportation, sales or cultivation of marijuana in a place of employment. “Additionally, the Prop. bars any operation of vehicles, boats, or planes while impaired by marijuana in any way.

An article going over the Proposition in more detail can be found here.

What do employers need to do?
Employers with employees in Arizona may need to communicate their workplace policies to their employees to reinforce the employer’s expectation of employee conduct.