This Presentation addresses two of the issues relevant to the solid waste management industry associated with Arkansas’s enactment of the Medical Marijuana Amendment (“AMMA”):

- Employee issues associated with the legal use of medical marijuana

- Medical marijuana cultivation and dispensary waste generation issues

The Arkansas Medical Marijuana Amendment (“AMMA”) decriminalizes from a state (Arkansas) standpoint certain use of marijuana. Further it establishes the regulation of cultivators and dispensaries. Nevertheless, marijuana is still illegal at the federal level as a DEA Schedule I controlled substance.

As to medical marijuana Arkansas employment issues, it was noted that a process has been established in which a “Qualifying Patient” can use medical marijuana. A doctor must certify that the patient has a “qualifying medical condition.” However, the AMMA does not require an employer to accommodate the ingestion of marijuana in a workplace or an employee working under the influence of marijuana. The AMMA does restrict an employer’s ability to discriminate against a Qualifying Patient. However, as especially relevant to the Solid Waste Management Association industry, safety sensitive positions can exclude Qualifying Patients.