Though marijuana is still an illegal drug under federal law, medical
marijuana legalization has indeed benefitted many people those who are
suffering from debilitating medical condition and are dependent on
marijuana cannabis for treatment and relieving pain. For example, with
the present Arizona Medical Marijuana laws, the qualifying patients can
get themselves registered and take an identification card from the
Arizona Department of Health Services (ADHS). Though the cardholders can
obtain permitted quantity of marijuana from registered MMJ dispensaries,
they will be entitled for MMJ use as 'qualified patients' only upon
diagnosis and written certification from a physician. However, cardholder
can be a designated caregiver or an authorized non-profit medical
marijuana dispensary agent apart from a qualified patient.Patients using
medical marijuana can be alleviated in certain medical conditions and
experience improvement in their quality of life, but how far can they
work towards pursuing a normal life, still remains a question among
society dwellers. Medical marijuana laws protect patients from the
partial behavior of the employers. It prevents employers to discriminate
against cardholders and qualifying patients. They cannot differentiate
them while appointing, for penalizing and terminating while employed.
However, the law specifies two exceptions to anti-discrimination
conditions. If hirers face the risk of losing money or licensing related
benefit under federal law or regulations, they can be exempted. If a
qualified patient uses marijuana in the company premises or during work
hours or those tests positive for marijuana, employer is not under
compulsion to continue to employ such patient. Employers may take action
against such employees and refuse to consider accommodations that would
allow or support illegal MMJ activity. Any task performed under the
influence of this medication may constitute negligence or professional
malpractice. Medical Marijuana laws prevent any patient, impaired by
adequate amounts of marijuana components or metabolites, to do any
potentially precarious work like operating motor vehicles or machines.
Hence, employers must include clear information about its stand on
medical marijuana in its drug and alcohol testing policy and address the
issues related to use of medical marijuana in the workplace with extra
care and valid legal advice. Employment drug testing is something which
most workplaces endorse to ensure a clean and drug free workplace. Many
employers do random testing throughout the year to keep the workplace
drug free. Another dilemma posing clause A.R.S. 36-2814(A) (3) of the law
declares, "The registered qualifying patient shall not be considered to
be under the influence of marijuana solely because of the presence of
metabolites or components of marijuana that appear in insufficient
concentration to cause impairment." However, it does not clearly
elaborate on 'impairment' or 'under the influence' condition. Merely the
detection of marijuana metabolites in the system is not a sufficient
cause as it can be detected in urine tests for several days and even
several weeks. Medical marijuana laws are just about the same in all U.S.
states with slight variations, still it is important to understand that
MMJ laws are inconsistent with federal law. It is advisable that
employers consider state case law decisions besides medical marijuana
state law while framing employer's policy decision. They should inform
their employees about its MMJ policies clearly in writing, even during
hiring new people as well as their existing workers.