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Drug-Free Workplace Policy and Program Template

Arizona Drug Testing Laws and Regulations

State: Arizona
Statute of Order: Ariz. Rev. Stat. §23-493 et seq., §15-513, §28-414.01
Covered Employers: All private employers, plus school districts and entities that furnish transportation to school districts.
Applicant Testing: Testing authorized if applicant is informed in writing beforehand. Applicant's refusal to submit to test may be used as basis for not hiring. Testing required to certify school bus drivers.
Employee Testing: Testing authorized, including random testing, for any job- related purpose consistent with business necessity. Written drug-testing policy must be distributed to all employees. Discipline or discharge authorized for employees who test positive or refuse to submit to test. School district transportation employees must submit to testing in the event of accident or if based on probable cause.
Conditions & Methods: Confirming test in case of positive findings and methods of collection, storage, and transportation that preclude contamination of specimen, and confidentiality of test results.
Important Bulletpoints:
  • Prospective employees may also be subject to drug testing as per employers’ policy and only after being duly informed of the same.
  • The practice of on-site testing is neither encouraged nor prohibited by Arizona law.
  • Tests required by employer to current employees are considered work time for purposes of administering compensation and benefits.
  • The employer shall pay for all actual costs for drug testing and alcohol impairment required of employees including reasonable transportation costs if tests are to be done in a facility external of the employees’ normal work site.
  • Paying for the costs for drug testing of prospective employees is at the employer’s sole discretion.
  • The employer has the authority to dispense any adverse disciplinary or rehabilitative employment action based on a positive test or on the employee’s refusal to undergo the required tests.
  • Any employer who has established and adopted a policy that complies with the voluntary testing program of the State of Arizona is protected from litigation, subject to conditions of the law, unless the employer’s action was based on false positive results and the employer clearly ignores or willfully disregards the true test result.
  • Medical Marijuana Law:

    Proposition 203 or the Arizona Medical Marijuana Act was an initiative on the November 2010 ballot that passed by a narrow margin at 50.13% of votes.1 The act allowed individuals with certain medical conditions to be treated with marijuana. The Arizona Department of Health Services is responsible for regulating the use and the sale of medical marijuana. The following are the provisions under the Act:

    • Qualified patients (those who are seriously or terminally ill) may be treated with marijuana upon their doctors’ approval;

    • Qualified patients are protected from arrest and prosecution for using marijuana for medical purposes;

    • Qualified patients or their caregivers can purchase marijuana legally from strictly regulated clinics;

    • Qualified patients or their caregivers can cultivate their own marijuana for medical use if no regulated clinic is within 25 miles of the qualifying patient;

    • Identification cards are provided for registered qualified patients, with corresponding penalties for false statements and fake ID cards.

    • Keeps commonsense restrictions on the medical use of marijuana, including prohibitions on public use of marijuana and driving under the influence of marijuana.

    Qualifying Medical Conditions

    • Cancer

    • Glaucoma

    • HIV/AIDS

    • Hepatitis C

    • ALS

    • Crohn's disease

    • Alzheimer's disease

    • A chronic or debilitating disease or medical condition that produces any of the following:

    Cachexia or wasting syndrome

    Severe and chronic pain

    Severe nausea

    Seizures including epilepsy

    Severe and persistent muscle spasms including multiple sclerosis

    • Any other medical condition added by DHS through a public petition process

    Limitations

    • Public consumption of medical marijuana is prohibited;

    • Driving under the influence of marijuana is prohibited;

    • Using medical marijuana is not allowed while on the job.

    • Use and possession of marijuana is prohibited within public or private educational institutions as per House Bill 2349.

    An expansion initiative for the existing Arizona Medical Marijuana Act may appear on the November 2018 ballot. This expansion initiative will seek to increase the number of qualifying medical conditions that would allow the use of medical marijuana; It will also increase the number of medical marijuana dispensaries from the current 1 per 10 pharmacies to 4 dispensaries per 10 pharmacies; The expansion will make valid for 24 months all records indicating a qualifying medical condition. The application fee for a medical marijuana card will be reduced from $150 to $10; Patients who live farther than 1 mile from the closest dispensary will be allowed to grow their own medical marijuana; and out-of-state medical marijuana card holders will be allowed to purchase marijuana in Arizona. This expansion initiative was filed by the Arizona Marijuana Patient Society on November 17, 2016. They need to collect 150,642 valid signatures by July 5, 2018.3

    Recreational Marijuana Law

    Proposition_205– The Arizona Marijuana Legalization Initiative was on the November 2016 ballot but was DEFEATED. Titled “The Regulation and Taxation of Marijuana Act”, it was seeking to allow adults 21 years or older to use and possess up to 1 ounce of marijuana and grow up to 6 marijuana plants. This initiative also would have established a Department of Marijuana Licenses and Control to regulate the cultivation, transport, manufacturing, testing and sale of marijuana. It was seeking to establish fines of up to $300 plus community service for underage use, for possession over legal limits, for unauthorized production and for using or smoking marijuana in public. The initiative was designed to allow the transition of medical marijuana facilities into recreational marijuana facilities. Finally, Proposition 205 was seeking to impose a 15% tax on marijuana sales.

    Effects on Workplace Drug Testing

    Had Proposition 205 been approved, it would be reasonable to assume that existing drug-free workplace programs would not have been affected. Employees would most likely be expected to adhere to company rules and regulations including drug testing programs in the interest of maintaining employee safety, performance and productivity in the workplace.

    Sources:

    https://en.wikipedia.org/wiki/Arizona_Proposition_203_(2010)

    https://ballotpedia.org/Arizona_Medical_Marijuana_Question,_Proposition_203_(2010)

    https://ballotpedia.org/Arizona_Medical_Marijuana_Expansion_Initiative_(2018)

    Applicability: Physicians and qualifying patients, visiting qualifying patients and designated caregivers
    Quantity Allowed: Two and one half ounces of usable marijuana
    How Obtained: Through dispensaries which will be taxed and started to open in July 2012.
    Liability Protections: Numerous protections including a discrimination prohibition with limited exceptions. Protects patients with debilitating conditions, their physicians and providers, from arrest and prosecution, criminal and other penalties and property forfeiture if such patients engage in the medical use of Marijuana.
    Statutory Requirements for Authorized Use: Registry Card required identifying person as a qualifying patient, registered caregiver or a registered non-profit Medical Marijuana dispensary agent.
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    List of States

    Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.

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