In April the federal government proposed legislation to legalize marijuana. Each jurisdiction would adopt regulation to license the cultivation, distribution and sale of marijuana. The unlawful possession of small amounts of marijuana will be reduced from a crime to a misdemeanor but there will be stiffer penalties for driving while impaired.
Companies be able to ban employees from using and being impaired by marijuana at work, even if they obtain it legally, just the way you can with alcohol. You’ll need the right policy – a zero tolerance policy isn’t suited to the issues raised by legalized marijuana.
Example: A west coast glazier was fired after testing positive for marijuana. Marijuana use was a fireable offence under the company’s zero tolerance policy, but the glazier was legally using medical marijuana to treat chronic back pain. This is a disability under human rights law, the firing was disability discrimination and the company had to not only reinstate and pay him damages.
To deal with these new realities – seek the advice of a professional – Platinum HR can help.