How cannabis gets more and more complicated in the workplace

Cannabis in the workplace is getting more and more complicated now. With legalization, more Canadians are now using cannabis, but employers remain cautious.

It has been several years since cannabis was legalized, but guidelines for using cannabis in the workplace remain unclear. In Canada, employers must ensure the safety of workers in their work environment. And, in turn, employees must comply with safety regulations and report potential dangers. These guidelines extend to marijuana – employees are not allowed to use cannabis while on the job. The rationale is that cannabis can lead to poisoning, which then leads to possible safety risks.

Photo by: Cottonbro

All of this seems straightforward so far, but it becomes much more confused when we look at marijuana use before work. An employee could come to work with CBD in their systems. Employers could then classify this employee as disabled and unable to work, but this assessment is not always easy. For example, when I was a student, I worked as a line chef in a restaurant. A colleague of mine was (presumably) high on his last day. Has his work performance diminished in the end? Yes, but I can’t say for sure that it was the grass. He might just be unmotivated or unhappy with the job, but our chef eventually kicked him out because he seemed high.

What about medical cannabis?

If the legal situation wasn’t complex enough already, it gets even more complicated when we look at medical cannabis. Under Canadian law, employers are required to provide assistance to workers with medical needs. This legal requirement extends to workers who use cannabis for health reasons. So when an employee receives a medical license to use cannabis, the employer must take their medical needs into account. In return, employees must inform their employer about their use of medicinal cannabis. If the employee does not do this or uses recreational cannabis while at work, the employer has a reason to quit.

Cannabis in the workplace and conflicting attitudes

Before we can start clarifying the rules, we may need to address the attitudes gap between employees and employers. In general, workplaces have a restrictive attitude towards workers who use cannabis. In 2021, approximately 86% of Canadian workplaces banned cannabis before and during work. In comparison, most Canadians do not believe that recreational cannabis has a negative impact on quality of work, productivity, or health or safety. To bridge differences, employers could start an active and open conversation with employees about cannabis use. In this way, rules can better meet the expectations of workers and employers.

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