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the article in the new AZ Medical Marijuana Program April Newsletter regarding Employee rights who hold a mJ card ... what rights??? if tested and found positive the most you can hope for is unemployment benefits after going to court. WHAT A JOKE! the only thing your card is good for is buying weed at a dispensary, where you really don't know where it came from or how it was grown..because most of ....98.7% az mj card holders..(which they love to always remind as a "Quick Facts" in the Newletter) aren't allowed to grow in this FUCKED up STate because of the 25 mile rule...
heres the article.........................
Employee Rights
Workers in Arizona
have more
protection than those in other states
to consume medical marijuana and
still hold jobs, experts agree. Arizona
is among 20 states and the District of
Columbia to legalize medical
marijuana.
Employers in Arizona are prohibited
from discriminating against patients
with medical marijuana cards unless
“an employer (would) lose a
monetary or licensing related benefit
under federal law or regulations,”
according to the Arizona Medical
Marijuana Act (AMMA).
“Most states don’t have this antidiscrimination
clause,” said a labor
and employment lawyer with a
Phoenix law firm.
“Clearly we have had this issue,” the
lawyer said. “Employees have
protections if discharged and they
have a medical marijuana card.”
The tricky part for employers, she
said, is when an employee or job
candidate tests positive for
marijuana and is then terminated or
the job offer is revoked despite
having a medical marijuana card.
Those eligible to use medical
marijuana must be diagnosed by an
Arizona board certified physician
with an AMMA-approved
debilitating medical condition,
register with the state-administered
program, receive a medical
marijuana card, and may purchase
up to two-and-one half ounces of
marijuana every two weeks from a
licensed dispensary. About 40,000
Arizona residents have registered
with the state and are qualified to
use medical marijuana.
Because marijuana is considered
medicine, Arizona patients may find
protections if they lose their jobs or
are discriminated against in getting a
job.
Although employers may also find
protections under the AMMA, a
Phoenix lawyer states, “(Employers)
are often alarmed and think, ‘Oh my
gosh, what are (workers) going to
do?”
That’s what happened to an
employee of Goodwill Industries of
Central Arizona. He was fired after
testing positive for marijuana.
In October, an appeals board with
the Arizona Department of
Economic Security ruled in the
employee’s favor and awarded him
unemployment benefits.
Traces of marijuana stay in the body
for days or even weeks after use, and
it can be unclear when marijuana
was consumed. Unlike alcohol,
which stays in the body for a
relatively short period, the timing of
marijuana use is difficult to pinpoint.
House Bill 2541 (First Regular
Session, 2011) helped employers
navigate the change in employment
laws pertaining to drug testing of
employees and protections for
employers. More importantly, the
employment law clearly defined the
term “impairment” with a set of
symptoms such as slurred speech,
the inability to walk, and strange
behavior.
In addition, the employment law
clarified that employers may
exclude, reassign or place the
employee on paid or unpaid leave
“based on the employer’s good faith
belief . . .” that “the drug could cause
an impairment or otherwise
decrease or lessen the employee’s
job performance or ability to
perform the employee’s job duties.”
The law especially applies to workers
in safety-sensitive jobs.
As noted in the AMMA, the existence
of marijuana metabolites may not
necessarily mean that an employee
is under the influence of marijuana
while at work. The law also states
that an employer can take action
against patients if they used or
possessed marijuana on the work
site or during work hours.
Although state laws protect
employers and employees alike, the
Arizona Department of Health
Services (ADHS) administers the
medical marijuana program and
cannot make a determination of
whether an employer is
discriminating against a patient.
Additionally, ADHS cannot provide
legal advice, recommendations, or
representation for cardholders who
may want to pursue legal action
against, or on behalf of an
employer.
This article first appeared in the
Arizona Small Business
Association Magazine.
heres the article.........................
Employee Rights
Workers in Arizona
have more
protection than those in other states
to consume medical marijuana and
still hold jobs, experts agree. Arizona
is among 20 states and the District of
Columbia to legalize medical
marijuana.
Employers in Arizona are prohibited
from discriminating against patients
with medical marijuana cards unless
“an employer (would) lose a
monetary or licensing related benefit
under federal law or regulations,”
according to the Arizona Medical
Marijuana Act (AMMA).
“Most states don’t have this antidiscrimination
clause,” said a labor
and employment lawyer with a
Phoenix law firm.
“Clearly we have had this issue,” the
lawyer said. “Employees have
protections if discharged and they
have a medical marijuana card.”
The tricky part for employers, she
said, is when an employee or job
candidate tests positive for
marijuana and is then terminated or
the job offer is revoked despite
having a medical marijuana card.
Those eligible to use medical
marijuana must be diagnosed by an
Arizona board certified physician
with an AMMA-approved
debilitating medical condition,
register with the state-administered
program, receive a medical
marijuana card, and may purchase
up to two-and-one half ounces of
marijuana every two weeks from a
licensed dispensary. About 40,000
Arizona residents have registered
with the state and are qualified to
use medical marijuana.
Because marijuana is considered
medicine, Arizona patients may find
protections if they lose their jobs or
are discriminated against in getting a
job.
Although employers may also find
protections under the AMMA, a
Phoenix lawyer states, “(Employers)
are often alarmed and think, ‘Oh my
gosh, what are (workers) going to
do?”
That’s what happened to an
employee of Goodwill Industries of
Central Arizona. He was fired after
testing positive for marijuana.
In October, an appeals board with
the Arizona Department of
Economic Security ruled in the
employee’s favor and awarded him
unemployment benefits.
Traces of marijuana stay in the body
for days or even weeks after use, and
it can be unclear when marijuana
was consumed. Unlike alcohol,
which stays in the body for a
relatively short period, the timing of
marijuana use is difficult to pinpoint.
House Bill 2541 (First Regular
Session, 2011) helped employers
navigate the change in employment
laws pertaining to drug testing of
employees and protections for
employers. More importantly, the
employment law clearly defined the
term “impairment” with a set of
symptoms such as slurred speech,
the inability to walk, and strange
behavior.
In addition, the employment law
clarified that employers may
exclude, reassign or place the
employee on paid or unpaid leave
“based on the employer’s good faith
belief . . .” that “the drug could cause
an impairment or otherwise
decrease or lessen the employee’s
job performance or ability to
perform the employee’s job duties.”
The law especially applies to workers
in safety-sensitive jobs.
As noted in the AMMA, the existence
of marijuana metabolites may not
necessarily mean that an employee
is under the influence of marijuana
while at work. The law also states
that an employer can take action
against patients if they used or
possessed marijuana on the work
site or during work hours.
Although state laws protect
employers and employees alike, the
Arizona Department of Health
Services (ADHS) administers the
medical marijuana program and
cannot make a determination of
whether an employer is
discriminating against a patient.
Additionally, ADHS cannot provide
legal advice, recommendations, or
representation for cardholders who
may want to pursue legal action
against, or on behalf of an
employer.
This article first appeared in the
Arizona Small Business
Association Magazine.
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