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August 21 2018

Good News for Employers: No Unfettered Right to Use Cannabis at Work

As the cloud of recreational cannabis legalization looms on the horizon, employers will face difficult situations pertaining to cannabis and the workplace.

Just because recreational cannabis will be legal, and medically authorized cannabis use is already permitted, this does not mean that an individual will be given carte blanche to use cannabis. Workplaces will be allowed to implement and enforce rules about the use of cannabis, especially where there is a safety element to the job.

Employees with medical authorizations may be prescribed a form of cannabis with very little to no THC, meaning impairment will not be an issue. An employer's policy should require an employee to advise the employer of a medical authorization before an incident can occur.

Employers will also need to get information from the medical professional who provides the authorization, including dosage, THC concentration and timing of use.