Should I test based on state laws where my employee lives or where they work?
Medical marijuana laws vary by state and it’s important that employers address the specific laws that pertain to their company and employees when creating a drug testing policy. Each state has its own system of medical marijuana laws, which may or may not include bills that provide explicit employment protections. For example, in California, legislation allows employers the right to terminate an employee who tests positive for marijuana, even if they hold a medical marijuana card. For example: Imagine you have an employee who lives in Arizona but works in California, and the employee has a medical marijuana card in which they use in private. Arizona protects employees from discrimination while holding a medical marijuana card, but in California, an employer may fire employees who test positive for marijuana, even if the use was off-duty and for a medical condition with a valid medical marijuana card. To avoid litigation in this scenario, it would be advisable to treat this employee based on Arizona laws.
It is pertinent for you, as an employer, to have a policy in place for when this occurs and to follow each states' medical marijuana laws accordingly.
In Arizona can I fire an employee for testing positive for marijuana?
A recent case involving a major retail chain fired an Arizona employee for testing positive for marijuana despite the fact that they possessed a medical marijuana card and disclosed that information prior to taking a urinalysis. The company claimed that they were protected under the state’s Drug Testing of Employees Act, but the judge ruled that the company couldn’t prove if the employee was impaired at work. It’s advisable that employers do not terminate Arizona employees who hold a valid medical marijuana card based solely off of a positive marijuana drug test result. Companies’ should ensure that they provide employee education and reasonable suspicion training for managers, implement a medical disclosure policy, and establish a documentation process. If a terminated employee later sues for wrongful termination, this documentation and an established process, could be a deciding factor in your case.
How Do I Contact DISA?
DISA's services are segmented across several industries. The best way to reach the correct representative is using our contact us page.
Is alcohol detected in urine drug test?
Depending on industry requirements, employers can choose to screen for alcohol in their drug testing panel. Alcohol use can be detected in a urinalysis between 12-48 hours after consuming.