The recent election in Arizona passed Proposition 207, legalizing marijuana across the state. So, what does this mean for employers and employees across the state of Arizona?

The proposition allows the possession and sales of marijuana, but just like before, workers are not allowed to use the substance while at work. And even though it is legal to use, many employers may still prohibit the use. 

Marijuana and the Workplace

Even though Proposition 207 was passed, employees may still require a pre-employment drug test and can decline to hire anyone who fails, with the exception of those with a medical marijuana card. Simply put, the proposition doesn’t restrict employers from enforcing drug-free restrictions at work. 

Employment in Arizona

Arizona is home to at-will employment, which means an employee takes what they get from an employer, or they can leave the job. The law has little to say about the relationships between employees and employers. 

Of course, an employer can’t decline a job to anyone over race, sex, gender, or religion. However, an employer can terminate or not hire someone over the use of recreational marijuana. The only exception is if the employee holds a medical marijuana card.

However, employers still are allowed to prohibit the use of marijuana on the job site, regardless of medical status. 

Medical Marijuana 

Not all companies allow medical marijuana use for their employees however. A company that is a federal contractor or has “safety-sensitive” jobs can declare that employees cannot hold a medical marijuana card. “Safety-sensitive” jobs include commercial driving and dealing with heavy machinery. 

Proposition 207 has no impact on the Medical Marijuana Act that was passed in 2010. However, it is smart to always disclose to your employer that you hold a medical marijuana card by providing clear documentation. 

Hernandez Law Firm

If you are an employer or employee and have any questions or concerns surrounding employment law in Arizona, Hernandez Law Firm’s team can provide the advice you need to fully understand employment law. Employment law issues are timely matters and may need attention immediately. It is best to get the legal advice you need as quickly as possible.