Can Your Boss Test You for Using Weed in Arizona?
Thinking back to 2020 in Arizona, things might be a little hazy, not just because of the pandemic. In all that madness, you may have forgotten, but that was the year Arizona legalized recreational marijuana use.
That was the year Arizona voters passed Proposition 207, known as the Smart and Safe Act. The measure passed by quite a wide margin, with 60% of voters approving it.
It legalized the possession of up to an ounce of cannabis, licensed sales at dispensaries, and allowed for the personal cultivation of up to six plants.
If Marijuana is Legal to Use in Arizona, Can My Employer Test Me for It?
Of course, just because something is legal in Arizona doesn't mean there aren't restrictions or guidelines around it. Alcohol, for example, has a lot of caveats.
You know you're not allowed to drink and drive. Anyone under the legal age of 21 is prohibited from purchasing or consuming adult beverages. And adding a little whisky to your morning coffee at the office is frowned upon and could get you fired.
Weed has similar restrictions. You're not allowed to spark one up in public, but can your employer check for THC, the principal psychoactive constituent of cannabis, in your bloodstream?
KEEP READING: Is Reclassifying Marijuana as a Schedule III Drug Good for AZ?
Employers Who Can Test Employees for Cannabis Use in Arizona
Even though recreational marijuana use is legal in Arizona, your employer can make its use - on or off the clock - against their policy. And yes, they can test your urine for the presence of THC.
Here's a list of jobs where employers might restrict cannabis use in Arizona and potentially terminate your employment:
- Transportation:
- Bus drivers, truck drivers, train operators
- Construction Workers & Heavy Equipment Operators
- Healthcare Workers
- Nurses and doctors can be tested
- Law Enforcement and First Responders
- Education
- Teachers and school staff could be tested
- Government & Government Contractors
- Federal employees could be tested.
- Marijuana is a Schedule 1 drug and is still federally illegal
- Federal law supersedes Arizona state law
- Aviation
- Pilots and air traffic controllers
- Manufacturing Workers
- Retail
- Especially those who operate machinery
- Hospitality Workers
These jobs can test for marijuana use, and in some cases, you can lose your job, whether you're imbibing on or off the job.
Sources: CFAH | The 928 Law Firm | Congressional Research Service
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