Arizona Drug Laws

Arizona Drug Laws & How To Pass A Drug Test in 2018.  Whether you want the most current information on Arizona drug laws or you need to learn how to pass any drug test in Arizona, you have come to the right place.

Do You Need To Pass A Drug Test In Arizona?

Arizona Drug Laws And Regulations Are Tough.  This information has been specifically developed for those individuals in Arizona who are concerned with learning how to pass a drug test specifically in Arizona.

First, we are not attorneys and can not provide legal advice on Arizona Drug Laws And Regulations. This can only be done with an Attorney.  It is very important you seek professional advice skilled with the ins and outs of Arizona drug laws and those drug laws specific to your location in Arizona.  You need to make the choice of when and were to see legal advice.

Second, for those of you who are concerned with those Arizona Drug Laws being applied to you, we offer not only information to pass a drug test in Arizona, but specific information on various drug laws and regulations in Arizona.  In you live in Arizona and want to pass a drug test in Arizona, you need this information.

There Are Four Major Drug Tests Given In Arizona.

Each drug test has its own specific strengths you must avoid and weak­ness in which one can take advan­tage.  What you learn here could make the difference between failing and passing a drug test in Arizona.  We will also provide information on how to detoxify your body completely and permanently.

How To Pass A Drug Test For Urine.How To Pass A Drug Test For Urine.  The Urine Drug Test is the most common due to its simplicity to administer, accuracy and immediate results according to Arizona drug laws.  The urine drug test is also the easiest to beat.

How To Pass A Drug Test For Saliva.How To Pass A Drug Test For Saliva.  The Saliva Drug Test can be given at anytime, anywhere and by anyone according to Arizona drug laws. The saliva drug test results are also very accurate and immediate.

How To Pass A Drug Test For Hair.How To Pass A Drug Test For Hair.  The Hair Drug Test can detect drug usage in any hair that was growing anywhere on your body at the time you used the drug according to Arizona drug laws. You are at risk for at least 90 days from your use.

How To Pass A Drug Test For Blood. How To Pass A Drug Test For Blood.  The Blood Drug Test is very accurate and must be given by a heath care professional according to Arizona drug laws. It is most often given by insurance companies or law enforcement.

How To Detoxify Your Body Completely.How To Detoxify Your Body Completely.  If you have 5 days you can detoxify your body completely and permanently.  You can be toxin free until you choose to reintroduce new ones.

Arizona Drug Laws For Employees.

Like many other states, Arizona has laws that allow testing in certain situations, as long as the employer follows the procedural rules.   Arizona employers may (but don’t have to) require applicants to take a test as a condition of employment. The employer must inform applicants if testing will be required. An employer may refuse to hire an employee who will not submit to a test.

Rules for Arizona Employees.

  • to maintain productivity, safety, quality, or security.
  • as part of an accident investigation or an investigation of possible employee impairment, or
  • on reasonable suspicion of drug use.

In addition, employers may conduct random testing.

Notice and Procedural Rights for Employees.

An Arizona employer that conducts testing must adopt a testing policy and provide it to employees before testing. The policy must provide specified information about the testing program, including the consequences of testing positive or refusing to submit to testing.

Arizona law also specified the procedures the employer must use for gathering specimens, testing, and maintaining confidentiality. If an employee tests positive, that result must be confirmed by a second test using a different chemical process than the initial screen.

Legal Claims Arising From Drug Testing.

Have you been illegally asked or required to take a test in Arizona?  Even though Arizona Drug Laws allow an employer to test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.

Here are some examples:

  • Violation of Arizona Drug Laws And Procedures.  Although an employer has the legal right to test, it must follow the state’s requirements.  An Arizona employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
  • Disability Discrimination.  An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA).  Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions.  If an applicant is turned down because of a positive test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
  • Other Discrimination Claims.  An employer who singles out certain groups of employees – for example, by race, age, or gender – for testing could face a discrimination claim.
  • Invasion Of Privacy.  Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test.  For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
  • Defamation.  An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate.  For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.

BBreakdown Of Arizona Drug Laws.

Arizona Drug Laws. Arizona
Statute of Order: Ariz. Rev. Stat. §23-493 et seq., §15-513, §28-414.01
Covered Employers: All private employers, plus school districts and entities that furnish transportation to school districts.
Applicant Testing: Testing authorized if applicant is informed in writing beforehand. Applicant’s refusal to submit to test may be used as basis for not hiring. Testing required to certify school bus drivers.
Employee Testing: Testing authorized, including random testing, for any job related purpose consistent with business necessity. Written drug-testing policy must be distributed to all employees. Discipline or discharge authorized for employees who test positive or refuse to submit to test. School district transportation employees must submit to testing in the event of accident or if based on probable cause.
Conditions & Methods: Confirming test in case of positive findings and methods of collection, storage, and transportation that preclude contamination of specimen, and confidentiality of test results.
Testing Bullet Points:
  • Prospective employees may also be subject to testing as per employers’ policy and only after being duly informed of the same.
  • The practice of on-site testing is neither encouraged nor prohibited by Arizona law.
  • Tests required by employer to current employees are considered work time for purposes of administering compensation and benefits.
  • The employer shall pay for all actual costs for testing and alcohol impairment required of employees including reasonable transportation costs if tests are to be done in a facility external of the employees’ normal work site.
  • Paying for the costs for testing of prospective employees is at the employer’s sole discretion.
  • The employer has the authority to dispense any adverse disciplinary or rehabilitative employment action based on a positive test or on the employee’s refusal to undergo the required tests.
  • Any employer who has established and adopted a policy that complies with the voluntary testing program of the State of Arizona is protected from litigation, subject to conditions of the law, unless the employer’s action was based on false positive results and the employer clearly ignores or willfully disregards the true test result.

Federal law doesn’t have much to say about drug testing except for certain employers such as transportation, nuclear energy, and military contracting industries that are heavily regulated by the federal government.   Many states or even some local governments often do regulate drug testing. For a more comprehensive look at Federal, State or Local Drug Testing Laws see Workplace Drug Testing Laws.

The Arizona Drug Law For Marijuana Possession.

The Vast Majority Of Test Failures in Arizona Are For Breaking Arizona Drug Laws For Marijuana, Not Federal Or Local Laws.

Arizona drug laws have their own spe­cific strengths you must avoid and weak­ness in which one can take advan­tage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.

Marijuana is the third most popular recreational drug in Arizona behind only alcohol and tobacco.  Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Arizona using marijuana.  According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use.  Arizona is no exception in its implementation of marijuana law.

Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires testing.   This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment.   The detection of marijuana is also complicated by the various types of testing available and the types of myths, half-truths and rumors that surround marijuana testing.

Overview Of Arizona Drug Test Laws.

  • It Isn’t Mandatory – The employer is under no duress or compulsion to get his/her employer tested. If the employer chooses to seek protection under the state law then testing should be conducted as per the state law, otherwise the common law applies.
  • The Requirements – The employers must have a written testing policy. The policy should then be distributed in a written format so that it can be forwarded through the means of booklets, manuals or posted material. The applicants should also be made aware of the policy requirements.
  • Contents Of The Policy – A general statement of the employers policy regarding drug/alcohol abuseThe Need For A Notice – A 30 day notice is required before the start of a testing process. This in turn needs to be distributed by the employer. The copy then needs to be dispatched to the employees. The employee is also supposed to get the personal practices included.
      1. The applicants consent to the testing procedures.
      1. A brief description of the types of tests.
      1. List of the substances to be tested.
      1. Test methods and the collection procedures.
      1. The consequences of refusal.
      1. The action based on the test results.
      1. Updating the employees about the law through statement.
      1. Statement of confidentiality.
    1. The result of refusing a test.
  • The Cost – The employer is supposed to pay the entire cost of the test. The only exemption is in the case of a retest and the treatment charge. The employer must also try and bear the transportation charges for ferrying the employees from their home to the test center. This is applicable when the testing site is different from the business site.
  • The Consequences – There are no limitations on disciplines. The employees must confirm all initial screen results at a certified or approved lab. In the case of a violation, the benefits under state workers compensation and employment laws may be affected.
  • Who Is Involved – The procedure applies to all employees. The applicant test and the test are also covered in the employer policy. It also includes compensated employees regardless of the fact that they are officers, directors and supervisors.
  • What Is Included – All drugs which are considered harmful are to be included in the policy.
  • Where Are The Tests Conducted – The tests need to be carried out through the means of a trained medical practitioner. On site testing is also permitted and the tests need to be carried out through various SAMHSA/CAP/AACC labs.
  • Voluntary Law Tests
  • For the applicants to avail the benefit of this law, they are required to undergo detailed tests. Likewise, the testing needs to be based on reasonable classification. In case of a lapse, the policy would be considered null or void.
  • Suspicion arising through employee impairment needs to be carried out with immediate effect. The investigation, in turn, needs to be instigated by the employer.
  • Accidental insurance is applicable in the case when the employee is directly involved in an accident or has some sort of contribution towards the act.
  • Tests can be conducted on a random basis. Therefore individuals or groups are not bound by time to appear for certain tests.

Federal Laws On Drug Testing

The Federal Drug Laws can be confusing and even sometimes seem to be in conflict with the Arizona Drug Test Laws.  Their are specific and rather complex guidelines that Health And Human Services have published entitled Mandatory Guidelines for Federal
Workplace Drug Testing Programs.  Please review this information if you feel it is appropriate in addition to the Arizona Drug Laws.

Federal Government Overview Of Drug Testing.

If you review the attached Federal Government / CDC Resource Guide you will know what the people giving the tests are trained to look for and the information they have as an instruction booklet.  This would be in addition to the information what you have learned specifically about the Arizona Drug Laws.