'GOOD FAITH' DRUG MEASURE WILL HELP PROTECT BUSINESSES

One of the pending laws passed by the Arizona Legislature and
awaiting Gov. Jan Brewer's signature could help protect businesses in
the new era of medical marijuana.

When voters approved the use of marijuana for medical conditions last
fall, it left business owners with a dilemma.

While individuals now have the right to use marijuana if they are
certified by the Arizona Health Department, many companies have
anti-drug policies in place, primarily to ensure that they have safe
workplaces. Workers who are under the influence of drugs - including
marijuana - can be impaired and cause accidents.

Companies often impose either random drug tests or drug testing after
an accident to determine whether workers are impaired. But the
state's new medical marijuana law says use of the drug cannot be the
sole indication of impairment and that companies must prove by other
means that the person is impaired.

The new law the governor is considering - HB 2541 - defines
impairment and how it can be determined in more detail and provides
some "good faith" protections for companies that use impairment
criteria to determine disciplinary action, even if it involves
someone who is certified to use medical marijuana.

While some workers may want to take advantage of the new marijuana
law to treat conditions, the reality is that any drug - legal or not
- - can cause impairment. If a workplace accident occurs, it may not be
just the impaired worker who is harmed but other employees, too. That
needs to be prevented even if it may conflict with the medical marijuana law.

While the new impairment law is unlikely to eliminate all potential
legal jeopardy for companies, it is a step forward in helping
companies maintain safe workplaces and should be signed by the governor.

Those who would like to contact the governor's office about this
legislation or other legislation can do so by calling toll-free at
1-800-253-0883 (Arizona only), via fax at 1-602-542-1381 or via email
at azgov@az.gov.