Unless the District would lose a monetary or licensing related benefit under federal law or regulations, the School District may not discriminate against a person in hiring, termination or imposing any term or condition of employment or otherwise penalize a person solely:

~  on the basis of the person's status as a medical marijuana cardholder, or

~  for a positive test for marijuana components or metabolites,

~~  unless the person used, possessed or was impaired by marijuana on the premises of the place of employment or during the hours of employment.

The District shall not be penalized or denied any benefit under state law for employing a registered qualifying patient or a registered designated caregiver.  [A.R.S. 36-2811]

Subject to A.R.S. 36-2802, no person is authorized to engage in:

~  undertaking any task under the influence of marijuana that would constitute negligence or professional malpractice,

~  possessing or engaging in the medical use of marijuana,

~~  on a school bus,

~~  on the grounds of any preschool, elementary school or secondary school,

~  smoking marijuana,

~~  on any form of public transportation, or

~~  in any public place.

~  operating, navigating or being in actual physical control of any motor vehicle, aircraft or motorboat 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 concentration to cause impairment.

~  using marijuana in any manner not authorized by Chapter 28.1 of Arizona Revised Statutes Title 36.

The District does not allow the ingestion of marijuana in any workplace,

~  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 concentration to cause impairment.

While performing any duty in the capacity of District employee, an employee may be disciplined, up to and including suspension or termination, for ingesting marijuana in the workplace or while impaired by marijuana.

Wherever inconsistencies of interpretation arise, the law and regulations prevail.

When District officials have a reasonable belief an employee may be impaired by, in possession of or distributing marijuana in a manner not authorized by the medical marijuana statutes law enforcement authorities will be informed.

Adopted:  October 25, 2011
LEGAL REF.: 
A.R.S. 
13-3401
13-3405
13-3411
36-2801 et seq., Arizona Medical Marijuana Act
15-342
15-512
15-546
CROSS REF.: 
EEAEAA - Drug and Alcohol Testing of Transportation Employees
GBEB - Staff Conduct
GBEC - Drug-Free Workplace
GBECA - Nonmedical Use or Abuse of Drugs or Alcohol