What about medical marijuana at work?

The use of medical marijuana is growing quickly in Canada. Top 10 Legal Risks for Business in 2017, published by Borden Ladner and Gervais (BLG), noted:

• The number of Canadians legally registered to purchase marijuana increased 1,244% between April 1, 2014 and Sept. 30, 2016

• Dried marijuana sales to legally registered Canadians increased 1,170% in the same period.

• Cannabis oil sales to the legally registered Canadians increased 414.4%, between Jan. 1 and Sept. 30, 2016.

The Access to Cannabis for Medical Purposes Regulations states that when an employee provides written documentation from a physician saying the employee must consume cannabis for medical purposes to be able to work, an employer must consider the request, pending safety concerns.

In the BLG publication, legal experts weighed in on the balance between the duty to accommodate and the duty to maintain a safe workplace: “Employees in safety-sensitive positions might not be entitled to smoke or ingest medical cannabis at work while or before performing their duties.”

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