Marcos Diaz
WednesdayMar 29 at 12:21pm
Cannabis in Alaska
In 2014, the state of Alaska passed Ballot Measure 2, allowing the legalization of recreational use of cannabis in Alaska. This measure also allows the sale of cannabis at state-licensed dispensaries. Personal non-medical marijuana uses, and possession became legal in Alaska on February 24, 2015, as determined by Alaskan voters. Medical marijuana use has been legalized by way of Measure 8 in 1998. Alaska law defines marijuana as leaves, stems, or flowers (the “buds”) of the marijuana plant; marijuana concentrates, such as oils, hashes, and waxes; and a wide variety of marijuana-infused products, such as edibles, tinctures, and topicals.
An explanation of specific guidelines and/or laws pertaining to marijuana in your selected State.
Adults 21 and over are allowed to possess up to one ounce (28 g) of cannabis outside of their homes.
This includes state residents and adults visiting from other states.
It is illegal to sell or give to minors under the age of 21.
Adults 21 years of age and older can cultivate up to six plants in their home (with up to three being mature, flowering plants).
Can possess marijuana concentrates, such as oils, hashes, and waxes; and a wide variety of marijuana-infused products, such as edibles, tinctures, and topicals.
Legislation bans cannabis stores from advertising discounts to active-duty military.
Military personnel are prohibited by federal policy from consuming cannabis.
Adults may gift up to an ounce of marijuana and up to six plants to another adult if it does not require any form of compensation.
It is illegal to sell (or re-sell) any amount of marijuana without an official business license.
Private consumption will be completely legal for adults, although public consumption remains illegal.
Driving while under the influence or impaired by cannabis use is illegal.
Testing positive for THC in your system while working in certain industries is cause for dismissal.
Federal laws make it is illegal to transport marijuana on ships, trains, and airplanes outside of Alaska.
A proposal for an organizational drug policy (e.g., medical use, organizational drug testing, zero tolerance, etc.).
Implementation of a Zero-Tolerance policy.
In the United States, the use and possession of cannabis and cannabis related products is illegal under federal law for any purpose by way of the Controlled Substances Act (CSA) of 1970.
Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use.
In accordance with Alaska’s Senate Bill No. 94 Sec. 5, under Alaska Statutes 2021, 37.040, No law obligates employers to accept marijuana use or impairment on the job.
Even in states where marijuana is legal, organizations may maintain Zero-Tolerance workplace policies and take appropriate action when an employee is high while on duty.
All potential candidates will be required to a drug screening prior to securing employment with the organization.
Failing the drug test leads to automatic disqualification.
As with the case of alcohol, the organization prohibits any workers from performing their tasks while under the influence of marijuana.
All company employees are subject to random drug screenings.
Any positive screenings will result in immediate terminations.
To address workers who may be impaired or under the influence of a U.S. control substance at work are mandated a drug screening, immediately.
Any refusal to a drug examination is grounds for immediate dismissal from the company, permanently.
In accordance with Alaska State statute 17.37,040
Section (c) A governmental, private, or other health insurance provider is not liable for any claims for reimbursement for expenses associated with medical use of marijuana.
Section (d) Nothing in this chapter requires any accommodations of any medical use of marijuana
Section (1 )in any place of employment;
Section (2) in any correctional facility, medical facility, or facility monitored by the department or the Department of Administration.
While the Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for qualified workers with disabilities, the possession and use of marijuana for any purpose is still a federal crime, regardless of state law.
Under the ADA Title 42, Sec. 12114
A qualified individual with a disability shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.
In conclusion, the changing landscape of Alaska’s marijuana laws, lack of scientific information on the health impacts of marijuana ingestion, and increased acceptability of use have created a confusion for some employers, their workplace policies, and drug testing programs. For example, marijuana users who operate a vehicle while having detectable levels of THC in the bloodstream risk violating state and federal law. Although studies have suggested that cannabis products may be used safely in some controlled environments, there are potential consequences to its use that necessitate employer scrutiny and concern. As addressed by state and federal law, it would benefit the corporation to introduce a zero-tolerance policy.
Reference:
Macdonald, A. (2015). Alaska: North to the Future of Federal Marijuana Regulation. Alaska Law Review, 32(2), 349–371.
https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=a9h&AN=111652723&site=eds-live&scope=site&custid=s8856897Links to an external site.
BRANDEIS, J. (2015) ‘Ravin Revisited: Alaska’s Historic Common Law Marijuana Rule at the Dawn of Legalization’, Alaska Law Review, 32(2), pp. 309–347.
https://search.ebscohost.com/login.aspx?direct=true&AuthType=shib&db=a9h&AN=111652722&site=eds-live&scope=site&custid=s8856897Links to an external site.
Alaska Department of Health (n.d.). Get the Facts About Marijuana. Division of Public Health. Retrieved from:
https://health.alaska.gov/dph/Director/Pages/marijuana/facts.aspxLinks to an external site.
Employee Training & Development. (2022). Marijuana in the Workplace: How to Craft an HR Policy That's Right for Your Company. https://Links to an external site.hsi.com/blog/marijuana-in-the-workplace-how-to-craft-an-hr-policy-thats-right-for-your-companyLinks to an external site.
Nagele-Piazza, L. (2022). Marijuana Laws and the 2022 Workplace. SHRM. Retrieved from:
https://Links to an external site.www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/marijuana-laws-and-the-2022-workplace.aspxLinks to an external site.
Atterberry, R. (2015). Marijuana in the workplace: A hazy issue for employer: SHRM, Retrieved from:
https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/marijuana-hazy-issue.aspxLinks to an external site.
State of Alaska. (n.d.). Alcohol & Drug-Free Workplace. Statement of Policy. Retrieved from: https://doa.alaska.gov/dop/fileadmin/Employee_Orientation/pdf/DrugFreeWorkplacePoster.pdfLinks to an external site.
State of Alaska. (n.d.). Marijuana and CBD in the Workplace. Marijuana.dhss.Alaska.gov. Retrieved from:
https://health.alaska.gov/dph/Director/Documents/marijuana/MarijuanaInTheWorkplace.pdfLinks to an external site.
The Alaska State Legislature. (1999). SB 94: "An Act relating to the medical use of marijuana; and providing for an effective date.". 21st Legislature (1999-2000). Retrieved from: https://www.akleg.gov/basis/Bill/Text/21?Hsid=SB0094ALinks to an external site.
United States Drug Enforcement Administration (n.d.). The Controlled Substances Act of 1970. DEA.gov. Retrieved from: https://www.dea.gov/drug-information/csa
Amy Norton
YesterdayMar 31 at 10:31am
Hello Marcus,
I like that you included not only the state laws, but the federal statutes as well. I think including a counselling program is a good addition to the drug policy as well. It is always helpful to know that your employer is concerned with the safety of its associates but also their well-being and overall health. I think many of these laws will create questions for workers and how policies may change as they are implemented. It is important for every organization to be as clear as possible regarding what is acceptable and what is not but also recognize that the laws are changing, and certain policies may change as a result of that.