Medical Marijuana: Considerations For Canadian Employers
In response to the increase in the use of prescription marijuana, the Government of Canada implemented the Access to Cannabis for Medical Purposes Regulations.
As health care practitioners become more at ease in prescribing marijuana for medical purposes, employers are faced with the duty to accommodate their "disabled employees" or update its drug-free policy.
While it remains true that, under human rights legislation, individuals are afforded equal treatment in employment and freedom from discrimination because of a disability, the impairment caused by marijuana's use can affect both the employee's ability to perform his or her employment tasks and can pose a risk or threat to others. In response, employers can claim "undo hardship," in an effort to remain a drug-free workplace.