What Arizona employers need to know about recreational marijuana law

A decade after passing the Arizona Medical Marijuana Act (AMMA) by ballot initiative, Arizona citizens enthusiastically voted yes on Proposition 207, the "Smart and Safe Arizona Act" (SSAA), in November. Arizona and three other states (Montana, New Jersey, and South Dakota) simultaneously joined ranks with 11 other states that permit recreational use. Now adults (21 years old and older) in Arizona may use, possess, or transfer up to one ounce of marijuana and cultivate for personal use no more than six plants at a primary residence. Although the Act doesn't allow a person to smoke marijuana in a public place, employers find themselves wondering what implications the developments will have on their workforce. How should you approach substance abuse and drug testing in the workplace in light of the Act?

Quick recap of AMMA

First, let's look back at the impact of medical marijuana's legalization on the workplace. Under the AMMA, an employer may not discriminate against registered cardholders in hiring, termination, or any term or condition of employment or otherwise penalize them for testing positive for marijuana components or metabolites (unless failure to do so would cause it to lose a monetary or licensing-related benefit under federal law).