Do Teachers Get Drug Tested in Arizona?

Teachers in Arizona who consume medical cannabis may understandably wonder about drug testing and whether they could lose their job if a test returns positive for THC.

The answer depends on whether it's a public or private school and the school's own drug-testing policy. Marijuana remains an illegal substance at the federal level, and public school districts may lose their federal funding if one of their employees is found to be consuming marijuana.

But, do schools in Arizona actually test for cannabis? And what if you have a medical marijuana card?

Employee Drug Testing Laws in Arizona

Employee drug testing is legal (but not mandatory) in Arizona under Arizona Revised Statutes Title 23. Labor § 23-493.04. This includes both pre-employment drug testing as well as random drug testing for illegal drugs and marijuana use. The employer (i.e. the school) must have a written policy informing prospective teachers that they will be required to undergo drug testing, what they will be tested for, and the consequences of a positive test result.

Whether drug testing actually occurs depends on the school board. Drug testing services aren't cheap, and many schools don't have the budget to have teachers drug-tested regularly. Testing would most likely occur as part of pre-employment screening or if a teacher appears to be impaired due to possible cannabis, alcohol, or illicit drug use.

The Drug-Free Schools and Communities Act (DFSCA)

The Drug-Free Schools and Communities Act (DFSCA) is a federal act that obligates higher education institutions such as vocational schools, colleges, and universities to adopt and implement programs “to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by all students and employees on school premises or as part of any of its activities” as a condition of receiving federal funding (EDGAR Part 86 Subpart A 86.3).

Teachers who break the institution's program rules are subject to disciplinary action, including possible termination (see Subpart B 86.100).

As marijuana is still classified as a controlled substance at the federal level, it is within the bounds of the DFSCA. However, the Act itself doesn't stipulate drug testing as a requirement. It also focuses on what is done on school premises "or as part of any of its activities" (not what is done privately at home). 

Higher education teachers and professors with a medical card should therefore discuss their situation with their institution to understand what is and isn't allowed.

When Might a Teacher Be Tested For Marijuana?

Schools in Arizona may require mandatory drug testing as part of the hiring process. Teachers may also be drug tested after an accident occurs (possibly due to their actions), upon the suspicion of impairment, or randomly. Positive test results are typically verified by a Medical Review Officer to avoid false positives.

Employment Protections for MMJ Cardholders

State laws in Arizona offer certain employment protections for medical marijuana cardholders. A private (non-federal) employer can't fire you or refuse to hire you based on your MMJ cardholder status, except in the case of safety-sensitive jobs. Employers in Arizona can establish a "drug-free workplace" and fire or refuse to hire a job applicant who returns a positive drug test due to recreational marijuana use.

Based on this law, a teacher with an MMJ card who works for a private school that doesn't receive federal funding is theoretically protected by law. However, you cannot turn up to school impaired or possess or consume cannabis on school grounds.

How to Get a Medical Marijuana Card in AZ

To qualify for an MMJ card in Arizona, you need to have an Arizona qualifying condition diagnosed by a physician. You then need to apply through the Arizona Department of Health Services website and pay the $150 fee ($75 for SNAP recipients). Once approved, you will receive a digital card. You will then need to renew your AZ MMJ card every two years.

How Is Marijuana Testing Performed?

A urine sample is the most common method of drug testing. Teachers may also be drug tested using:

• Blood samples

• Saliva swab testing

• A small hair sample

• Sweat testing using a permeable patch

Cannabis remains in the bloodstream and saliva for only a brief amount of time, around 12 to 24 hours. Consequently, drug testing services don’t generally use these test types to confirm marijuana use. It is much more likely an employer will be asked to take a urinalysis, which can detect cannabis use for up to 30 days.

Are Teachers Tested for CBD?

Drug tests don't typically test for cannabidiol (CBD). However, it's still possible to test positive for THC if you take CBD oil, as hemp-derived CBD oil can legally contain up to 0.3% THC. Marijuana-derived CBD oils sold in legal states may contain much higher amounts of THC. Teachers who want to take CBD oil for conditions like chronic pain or anxiety should check with their school before going ahead. 

What About School Bus Drivers?

A bus driver must abstain from consuming cannabis under federal law because driving a commercial vehicle is a safety-sensitive job. A school bus driver in any state may be subjected to mandatory drug testing if they exhibit signs of drug or alcohol use per regulation 49 CFR Part 382. If they test positive, they will not be permitted to work.

Ask Upfront to Avoid Surprises

Private and public school teachers in Arizona are allowed to be subjected to drug testing, although whether it is actually required is up to the school. The school must provide prospective teachers with written information about when and how drug testing will be carried out and the possible consequences of a positive test.

Patients with qualifying conditions and a valid medical marijuana card enjoy certain workplace protections in Arizona. However, this protection doesn't apply to federally funded or safety-sensitive jobs. It also doesn't protect teachers who turn up to work impaired or who possess or consume cannabis on school grounds.

The best way to avoid surprises with drug testing as a teacher in Arizona is to get clarification directly from your employer. You can then decide whether to apply for the teaching job or—if you are already employed as a teacher—whether or not to go ahead with medicinal cannabis.