Cannabis & Work
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According to Health Canada the number of medical marijuana users will increase from 150,000 (June 1 2017) to 450,000 by 2024, approximately 60% of which will be employed, meaning that within 7 years over 250,000 workers will require some sort of authorization to use medicinal cannabis in the workplace. Without doubt failure of employers not to deal with cannabis usage in the workplace will result in human rights cases being tabled under the Canadian Charter of Rights and Freedoms.
- As more Canadians are turning to Cannabis as an alternative pain management therapy, this is an issue that both small business and corporate Canada needs to address.
- TCN has legal experts available to advise employers as to their legal obligations and responsibilities.
- TCN has medical professionals available to educate employers on cannabis strains and usage as well as provide guidelines and structure.
- TCN medical staff will help employers and employees determine the appropriateness of medicinal cannabis as a treatment option, on a case by case basis.
- TCN can help you delve into the issues regarding CBD/THC ratios, types of ingestion and aliments treated
- Employees and Employers need to look, understand and when necessary update their policies to deal with the legalities of cannabis as a medically prescribed drug in the workplace. Employers have a duty to accommodate their employees’ right to medicate. If companies perform random drug tests – considerations will have to be made.
- A Physician is a professional – if he/she prescribes cannabis medication during working hours then consideration has to be given to the employee’s ability to function in the workplace. A medical professional must consider if an employee is competent to perform their job responsibility and safely while taking cannabis. Certain job responsibilities (such as driving or operating heavy equipment) may make cannabis consumption impossible.
- Depending on the type of cannabis prescribed and medical condition being addressed, the functionality and performance of an individual may increase by decreasing inflammation and pain, and not diminish withcannabis use.
- When and how do employees disclose the fact that they have been prescribed cannabis to their employer or Human Resources department?
- Some companies carry out random drug tests – if this is the case it is imperative that employees communicate their use of prescribed cannabis in advance.
- A medical document to receive cannabis treatment is the same as a prescription for any other medication – documentation should always be kept on hand (i.e. Your Health Canada registration certificate) and/or the container that your cannabis medication arrived in which contains relevant medical information
- Cannabis purchased from a storefront dispensary may not qualify as a prescribed medicine. Individuals using cannabis should always purchase product form a Health Canada certified source.