As if navigating the increasingly complex process of designing company-sponsored benefits plans wasn’t challenging enough, medical cannabis has now entered the equation. If you haven’t received a request for medical cannabis coverage from an employee yet, you likely will soon.
The Final Report of the Task Force on Cannabis Legalization and Regulation
Limitations of Workplace Drug Testing Methods for Proving THC Impairment
Cannabis is Risky Business
Cannabis Takes the Cake in the US Election
Yesterday there were nine states with marijuana legalization on their ballots. Five states -Arizona, California, Maine, Massachusetts and Nevada – voted on the legalization of recreational marijuana use. In another four states - Arkansas, Florida, Montana and North Dakota – residents voted on legalizing medical cannabis.
Today, the results are in.
Talking Shop with Tweed
Patient Allowed to Grow Their Own Cannabis
How Workplaces Threaten Patient Access
We have seen a number of landmark cases that have laid the groundwork for patient access in Canada, including Parker, Allard, and Smith. It has been established that it is an individual’s constitutional right to access cannabis for medical purposes.
However, there are a number of restrictions created by the employment relationship that threaten this access. The workplace is rife with discrimination and often forces employees to make a choice between their income and their medicine.
The Process For Disclosing Medical Cannabis Use To Employers is Broken
We recently looked at the case of Brendan Uprichard, who was fired after failing to tell his employer he was a medical cannabis user. That case highlighted the requirement of employees who hold a safety-sensitive role to disclose their cannabis use. However, it also highlighted a number of the flaws with the disclosure process.
Preferably, we would have a system where employees could be upfront with employers about their medical cannabis prescription even during the hiring process. Employees would disclose use and an assessment would be made if accommodation were needed or not.
It's Not A Good Idea To Hide Medical Marijuana From Your Boss
It's important to disclose your medical marijuana use, rather than try to conceal it. To find out why, we need look no further than the ultimately failed grievance launched by the Newfoundland International Brotherhood Of Electrical Workers, Local Union 1620 on behalf of their employee, Brendon Uprichard.