QUESTION
drug free workplace policy and I hold an AZ Medical Marijuana Card. Employer is requiring a Fitness for Duty to include drug testing
Asked on Dec 03rd, 2012 on Labor and Employment - Arizona
More details to this question:
My employer is requiring me to comply with an independent evaluation regarding my Fitness to return to duty for my job. This evaluation will include a drug screening and I am a AZ registered medical marijuana patient and have medicated over the last two to three weeks. My employer is based in Lincoln, NE, our company is a drug free workplace and I have signed the policy regarding it. I am concerned that a positive result for marijuana could jeapordize my job and result in a negative Fitness for Duty evaluation. The evaluation is being done through our company's EAP.
1 ANSWER
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This is a very interesting question, and I'm afraid you're not going to like the answer. The fact that AZ has passed its own law allowing the medical use of marijuana does not make the drug "legal." Federal law still prohibits the possession and use of marijuana, and employers remain entitled to prohibit the use, possession, etc. under their "drug free workplace" policies. Neither federal law nor employer "drug free workplace" policies contain any exception for legal "medical" marijuana use. Therefore, though you are allowed to use the drug under AZ law, you can still be violating federal law AND your employer's "drug free workplace" policy.
Answered on Dec 04th, 2012 at 1:57 PM