While there are some legal questions about workplace weed that remain to be answered, Chris Mason, labor and employment attorney for Phoenix-based Jennings Strouss Law Firm, advises both employers and employees need to be aware of the rights and protections they currently have.
Mason said employees who have a medical need for marijuana should continue renewing their card because it gives added legal protection against employment discrimination under the Arizona Medical Marijuana Act that recreational users are not granted under Prop. 207.
"I know there are a lot of folks who have medical marijuana cards and are going to let them lapse because they don't want to pay the extra fee when they can use marijuana recreationally," Mason said. "If they let them lapse, those people will lose the protection of the marijuana act."
Ultimately, the individual is going to have to evaluate what workplace protections they need when it comes to using marijuana medically and recreationally, said Mason. He does point out if your job is considered safety-sensitive, your boss can still bar employment for a failed drug test under the Arizona Drug Testing of Employees Act.