As dispensaries across the state have begun recreational marijuana sales, local governments say their employees are prohibited from using marijuana or being under the influence while on the job.
And the Tucson area’s largest law enforcement agencies said employees are prohibited from possessing any marijuana, which is still considered an illegal drug under federal law.
In November, Arizona adopted Proposition 207 that legalizes the possession and use of up to an ounce of recreational marijuana by adults over the age of 21.
1 in 3 Americans Now Live in a State , Where Recreational Marijuana Is Legal. Voters in four states approved ballot measures to legalize marijuana on Election Day. 16 million residents of Arizona, Montana, New Jersey and South Dakota . now join the 93 million Americans who already lived in states where cannabis had been legalized. Several other states were expected to pass similar measures, but campaigns failed due to issues created by the pandemic. Advocates say that the move toward legalization in both red and blue states demands uniform action from the federal government. Regardless of who controls the White House, the House and the Senate, we should demand landmark federal marijuana reform in 2021, Steve Hawkins, Marijuana Policy Project, via Politico. Advocates also consider the passage of marijuana legalization ballots as victories for criminal justice reform
While the proposition decriminalizes the use of marijuana in Arizona to a certain extent, it still protects employers’ right to regulate work-related drug use and does not restrict the rights of employers to maintain a drug- and alcohol-free workplace.
City Attorney Mike Rankin said that while the city of Tucson has not yet revised its employee policy since Prop. 207 passed, “essentially its key components still apply.”
City employees are instructed to follow the rules for controlled substances that are listed in the city’s administrative directive, which says they are not allowed to “report to work having used any controlled substance.”
Mark Evans, the communications director for Pima County, said county policies for recreational marijuana are the same as its alcohol policy. Employees are allowed to do what they please in their free time, but are expected to not be under the influence of drugs or alcohol when working.
The Tucson Police Department continues to prohibit marijuana use for its employees.
The department’s public information office stated it had received several questions about the regulations since the recent legalization of marijuana, and according to the department’s general order, “marijuana remains an illegal schedule I dangerous drug under the Federal Controlled Substances Act thereby prohibiting department members from using, possessing or selling marijuana, or engaging in any other conduct that would violate the Controlled Substances Act.”
The department’s general orders also prohibit department members and their spouses from “having any ownership interest in, or personal involvement or association with a medical marijuana dispensary.”
The Pima County Sheriff’s Department has the same regulations for marijuana as the police department.
“Per our current personnel policies, ‘department members shall not possess or use any controlled substance, narcotic, or hallucinogenic except when prescribed by a physician or dentist,’” said Deputy Marissa Hernandez, a department spokeswoman.
