Like most US states, Arizona follows complex and strict drug laws. Sentences here range a lot according to your case circumstances.
As for possession of illegal substances laws in Arizona, they are serious, and all criminal charges are strictly prosecuted. Even a simple possession can make you have some prison time, criminal history record and bad reputation. It can be a possession of just a small amount of oxycodone or cocaine not authorized to you. There is a basic description of laws and probable penalties you may get n Arizona for drug possession.
Drug classification in Arizona
The charge you can face for possession of illegal substances in this state depends on the drug type. Arizona provides a very clear designation way of different drugs and then prescribe certain punishment for their designations. According to Arizona law, controlled substances are the following:
- Dangerous Drugs
Narcotics possession is charged for finding a person with heroin, opium, oxycodone, cocaine, morphine, and others. Such an offense is considered a Class 5 Felony charge and threatens a person with a possible 18-month sentence in prison.
Dangerous drugs possession
Dangerous drugs are LSD, methamphetamines, steroids, mescaline, psilocybin mushrooms, GHB, clonazepam, ecstasy, and others. For dangerous drugs possession, a person will collide with Class 1 Misdemeanor charges, around six months in prison, and fines around $2,500.
Arizona marijuana laws are in fact more complex than more dangerous and addictive drugs laws. Less than two pounds possession is considered a Class 6 felony and threatens a person with feasible 12 months in prison.
Rules for employees
Employers in this state can (but are not forced) require their applicants to perform a drug test as an employment condition. The employer has to inform his applicants about required testing for illegal substances. An employer may decide not to hire employees who will not accept screening for illicit drugs.
This test is admitted for any purposes related to job process necessity, like:
- to provide safety, productivity, quality, security;
- as a process of an accident finding reasons or investigation of potential employee impairment, or reasonable drug using suspicion;
- to perform a random drug screening.
Procedural and notice rights for employees
Employers in Arizona conducting drug tests have to adopt a test policy and provide it to their employees before taking samples. The policy should give specific information about the screening program, and all consequences of positive or negative testing results.
Arizona laws also specify all procedures for taking samples, testing process and maintaining confidentiality, which employers must use. A second screening must reaffirm positive results of an employee with the use of different chemical processes than used in the first one.
Many employees can have legal claims because of the conducting test way or the ways their results were used.
There are several examples:
Violation of drug procedures and laws in Arizona. All the requirements of the state have to be applied to legal testing. Arizona employers who do not provide the compulsory notice of their testing policy or do not observe procedural rights (like, by failing to perform a confirmation screening after initial positive results, or by allowing their unauthorized personnel to conduct the test procedure) can face some legal problems.
Discrimination against disabled people. The Americans protect applicants or employees who are using disability medication with Disabilities Act. Several prescribed medicines that could be otherwise illegal (like, opiates) can be formally prescribed for specific conditions. If applicants are turned down with positive illegal substances results and their medications were officially prescribed for a disability so that this company can be liable.
Other claims for discrimination. If employers choose certain groups of their employees (by race, age, gender) for drug screening, they can face a claim for discrimination.
Privacy invasion. Even employers who are permitted or required to perform a test cannot violate employee privacy in conducting the test. For example, they can not require employees disrobing or providing urine samples in front of other people that might be privacy violations.
Defamation. All employees can have valid defamation claims if their employers say about positives, but employers have real reasons to be sure that the screening could not be accurate. Such a situation may happen if a retesting shows that the first screening gave false positive results, but an employee uses as the true one the first test.