Wednesday, August 22, 2018

5 Common Questions about Marijuana and Legalization

On October 17, Canada became the second country in the world to allow the legal sale of recreational marijuana.

Many workers, including CLAC members, have questions about what legalization will mean for them and about marijuana’s uses, effects, and workplace testing. Here’s what you need to know.

1. What workplace rules can I expect once marijuana is legal?

Legalization will not give employees the right to freely use marijuana in the workplace.

Employers will continue to expect employees to show up sober and ready to work.

Subject to medical conditions, employers will still be entitled to discipline employees who are high on the job.

Employers will have the right to set rules for nonmedical marijuana in the workplace in much the same way they currently set rules for alcohol use.

Employers can prohibit its use at work or during working hours and can prohibit employees from coming to work impaired.

2. If I’m caught using marijuana at work, what can happen to me?

The same discipline will apply to marijuana impairment as alcohol impairment.

You will likely be disciplined under your employer’s progressive discipline policy.

3. If I have a medical condition and am prescribed marijuana as a treatment, can I use it at work?

Employers will still need to adhere to the duty to accommodate for medical marijuana.

A prescription does not permit impairment, compromised safety, smoking in the workplace, or unexcused absences.

Employers may request proof of the prescription and proof that it must be taken during working hours, as well as details regarding frequency, volume, and method of use.

4. Is there a difference between medical marijuana and recreational marijuana?

Yes. The marijuana plant is comprised of over 100 chemicals called cannabinoids.

Medical marijuana has higher levels of CBD (cannabidiol), the active compound that can counteract the effects of THC (tetrahydrocannabinol), the psychedelic active compound that causes the high.

Medical edible potency is frequently higher than its recreational counterpart.

Doctors may prescribe strains that are high in CBD to treat schizophrenia, Crohn’s disease, multiple sclerosis, epilepsy, and other illnesses.

Cannabis can be cultivated to have higher concentrations of either THC or CBD.

5. Can my employer test me for marijuana use?

Yes, if a policy is in place that establishes a framework for testing for impairment, including triggering circumstances and testing methods, possibly including mandatory independent medical examination in appropriate circumstances.

Impairment assessment will very likely pose one of the greatest challenges in the crafting and implementing of policies concerning medical and possibly nonmedical marijuana use in the workplace.

Human rights laws do not permit preemployment or random testing for drug or alcohol use or impairment.
The federal government has been looking into making drug testing mandatory in safety-sensitive jobs (e.g., pilots), which could be subjected to mandatory testing in the future.

Make sure you check out the September Guide for the full article on marijuana legalization.

5 Common Questions about Marijuana and Legalization

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