Arizona Department of Health prepares for implementation ...



Arizona Department of Health prepares for implementation of medical marijuana law

Arizona voters have approved the use of medical marijuana in the state, according to preliminary results of the November 2, 2010, General Election. Although final certification confirming that Proposition 203 has passed will not occur until November 29, 2010, the Department of Health has taken steps to start implementing the measure.

Will Humble, Director of the Arizona Department of Health, has issued a timeline for implementing medical marijuana in the state. Once the election results have been certified, the Department will adopt, through an exempt rulemaking process, and enforce a regulatory system for the distribution of marijuana for medical use. This system must include a method for approving, renewing, and revoking the registration of qualifying patients, designated caregivers, nonprofit dispensaries, and dispensary agents.

The Department expects to be able to post an initial informal draft of the rules by December 17, and will receive public comment on the draft rules until January 31, 2011. Official draft rules are to be posted January 31, 2011, and the Department will receive public comment on those until February 18, 2011. Public meetings are expected to be held on February 15, 16 and 17. Final rules are expected to be published March 28, 2011. The Department expects that it will be able to begin accepting applications for registry identification cards and for dispensary certificates in April of 2011.

Proposition 203, which is known as the "Arizona Medical Marijuana Act," does not require 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 is not to be considered to be under the influence solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment. The employer would not be prohibited from disciplining an employee for ingesting marijuana in the workplace or working while under the influence of marijuana.

The law provides that 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, terminating, or imposing any term or condition of employment or otherwise penalize a person based on (1) the person's status as a cardholder, or (2) 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 hours of employment. The law also provides that no employer, school, or landlord may be penalized or denied any benefit under state law for enrolling, leasing to, or employing a registered qualifying patient or registered designated caregiver.

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