There is a lot of misinformation and confusion regarding “where and when and who” can consume Cannabis at work. It is important to remember that Recreational use is a separate entity from Medicinal use, and that Medicinal use is protected under Human Rights Legislation, making it harder to enforce “property-wide” smoking bans.
Recreational use is not permitted at work, as this falls into the same category as alcohol. Employers are permitted to discipline workers (make sure you have a good policy in place!) according to company policy on impairment.
Medicinal use, as mentioned, is protected under Human Rights. If your workplace implements a “property-wide smoking ban” in hopes of curbing Cannabis use, care will need to be taken. If there is a mobility or other issue that would prevent the employee from using the designated smoking area, then the employer is required to make alternate arrangements for the employee(s) who require it.
Keep in mind that employees who require workplace accommodations, including for use of Cannabis, must participate in the Accommodation of Duties process including providing reasonable medical information to support their requests.
Need help with your Disability Policies? Call us today!
