Question: Can my boss fire me for having a medical marijuana card and I test positive for THC? 

Answer: Your boss can fire you for not doing your job. In most cases your employer cannot fire you for possessing a medical marijuana patient card and a failed THC test in Arizona. 

Arizona is a right to work state indicating you can leave a job or be terminated without cause. However, Arizona is one of a handful of states that did write protections for medical marijuana patients regarding employment. 

Arizona Medical Marijuana Act states:  

ARS-36-2813 (B) Unless a failure to do so would cause an employer to lose a monetary or licensing related benefit under Federal law or regulations, an employer may not discriminate against a person in hiring, termination or imposing any term or condition of employment or otherwise penalize a person based upon either:  

  1. The person’s status as a cardholder. 
  1. A registered qualifying patient’s positive drug test for marijuana components or metabolites, unless the patient used, possessed, or was impaired by marijuana on the premises of the place of employment or during the hours of employment. 

ARS 36-2814 (A) Nothing in this chapter requires: 

  1. An employer to allow the ingestion of marijuana in any workplace or any employee to work while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentrations to cause impairment. 

ARS 36-2814 (B) Nothing in this chapter prohibits an employer from disciplining an employee from ingesting marijuana in the workplace or working while under the influence of marijuana. 

ARS 36-2801 Presumption of medical use of marijuana: protections, civil penalty. 

(2)(B) A registered qualifying patient or registered caregiver is not subject to arrest, prosecution or penalty in any manner, or denial of any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau: 

  1. For the qualifying patient’s medical use of marijuana pursuant to this chapter, if the registered qualifying patient does not possess more than the allowable amount of marijuana.

What does all this mean? Laws in Arizona are always written arbitrarily so they can be used against you or as your defense in a court of law. 

Bottom line, if you are using marijuana as a medicine, you are using small amounts in regular doses. Using your medication of any type should allow you to have better function than without your medication. 

While at work it is wise to use your low THC products. Low dose edibles last up to 10 hours. Taken before work eliminates the need to medicate while at work.  

Submitted as information not legal or medical advice by MJ Consulting LLC located at 8540 E. State Rt. 69, Prescott Valley, AZ, 928-772-2011. Please see us to obtain your medical marijuana card.