Canada: What to do if your employee asks to use medicinal marijuana at work
Using marijuana remains illegal for most people, despite the Liberal federal government’s push to legalize it. Even if marijuana use is legalized, employers still have the right to prohibit it in their workplaces and to create policies that allow them to fire employees who come to work intoxicated, subject to the same rules that apply to alcohol use.
However, that is not the case with prescribed medical marijuana. Since the passing of legislation in 2014, the number of employees alleging that their use of marijuana is related to chronic pain, cancer, sleeping disorders, and so on, has grown.
While employers may wonder whether the employee is genuinely in chronic pain, and whether marijuana is the most appropriate drug to manage it, these are purportedly invasive questions they are prohibited from asking.
The use of medical marijuana triggers the same principles of workplace accommodation as any other medically prescribed treatment. If...
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