Many Questions for Businesses if Marijuana is Legalized in Arizona

The recent article in the FHTimes, Debate over marijuana legalization already starts, highlights the on-going debate about legalizing marijuana use in Arizona. I recommend reading it to understand how the legalization issue is being presented.

Our focus at the Fountain Hills Chamber is the impact on businesses, workers compensation insurance and employees. The Chamber’s Public Policy Committee will begin discussing this issue at the September 24 meeting. 

The CalChamber published a thorough study of legal marijuana use earlier this year*.

In 1996, California voters passed Proposition 215, making it the first state in the country to allow for the medical use of marijuana. Since then, 22 more states and the District of Columbia have enacted similar laws. In 2012, Washington state passed a voter initiative to allow recreational use of marijuana by adults, followed by Colorado in 2014.

According to Gallup (2013), 58% of Americans support legalizing marijuana; this figure has grown markedly in the last two decades, possibly aided by strong medical-marijuana movements in many states. Although this result might leave the impression that increasing numbers of states legalizing some form of marijuana use, it is reasonable to expect a rise in use. For more information you should check out neotericnutra.com Currently you can use CBD oil for medicinal use, however this doesn’t provide the high that standard marijuana does. If you did want to buy a product like a CBD oil, you should read the best buyers guide to cbd oil before you buy anything.

Americans are using marijuana recreationally, Gallup finds no such surge in Americans’ self-reported experience with the drug. In fact, the percentage of young adults trying marijuana has declined since 1985. Colorado, however, is reporting an increase in use since its new law passed; therefore, with an increasing number of states legalizing some form of marijuana use.

The National Organization for the Reform of Marijuana Laws (NORML) reports that among the 75 million Americans over the age of 26 who report having used marijuana (38% of adults, according to Gallup), more than 70% are employed full-time. All 50 states allow employers to restrict marijuana use.

Job seekers and employees, however, often are surprised that even though marijuana use may be legalized for medical or recreational use in their state, they still can face sanctions or dismissal by their employers, or not being hired for a job if they test positive for the drug. 

Here’s how I see this… if an employee drinks alcohol at home (the night before) and comes to work the next day, they’re considered sober, correct? Let’s assume they have consumed a few drinks and the effects have left their body.

If we consider the same for marijuana, when does the employee become completely “sober” again? WebMd says after about 4 hours the effects of marijuana have ended or are significantly reduced.

According to the Leaf Science website, the rate of metabolism for THC-the active ingredient in marijuana that is responsible for the high-varies per individual and can range on the low end for 4 days for an infrequent user. A regular user can expect traces of THC to remain for 10 days and an extreme user for 67 days.

Let’s say an employee is hurt on the job after smoking pot the night before. If a drug test is conducted, it’s highly likely he or she will show THC in their system. As the employer do you believe this employee was negligent, and at fault for their accident, due to their drug use? Should you be responsible for workers compensation claim? What if your insurance company refuses the claim because of the employee’s drug test?

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