Medical Marijuana Use In The Workplace

An employee's legal ability to use cannabis for medical purposes was confirmed by the Supreme Court of Canada in 2015 in the decision R v. Smith1. As of August 24, 2016, the Access to Cannabis for Medical Purposes Regulations2 (the "Regulations") replaced the Marihuana for Medical Purposes Regulations, and establishes the current legal framework that enables patients to obtain authorization to possess cannabis (marijuana) for medical purposes. The Regulations outline:

who may possess cannabis (section 3); limits on the amount of cannabis that may be possessed (section 6); and the medical documentation required to qualify for cannabis use under the Regulations (section 8). With the proposed Cannabis Act looking to legalize recreational marijuana in Canada in July of 2018, employers are wondering how the new legislation will affect their workplaces. Once passed, the Cannabis Act will permit Canadians who are 18 years or older to:

possess up to thirty (30) grams of cannabis; share up to thirty (30) grams of cannabis with other adults; purchase dried or fresh cannabis from a provincially licensed retailer; grow up to four (4) cannabis plants; and make cannabis-infused food and drinks. In the meantime, cannabis remains illegal other than for medical purposes. As the Cannabis Act bill moves through the legislative process, it is likely that a separate medical cannabis system will be maintained following the legalization of recreational cannabis. Although these provisions may be altered prior to July 2018, it is clear that employees in all types of industries will have greater access to marijuana.

Under the proposed Cannabis Act, employees seeking accommodation will still be required to obtain a prescription to utilize cannabis for medical reasons. The prescription ought to outline:

the practitioner's given name, surname, profession, business address and telephone number, the province in which they are authorized to practise their profession and the number assigned by the province to that authorization; the patient's given name, surname and date of birth; the address of the location at which the patient consulted the practitioner; the daily quantity of dried marijuana, expressed in grams, that the practitioner authorizes for the patient; and the period of use (specified as a number of days, weeks or months, which must not exceed one year, beginning on the day on which the medical document is signed by the practitioner). It is important to note...