Marijuana In The Workplace

While the possession of marijuana presently remains unlawful in Canada under the Controlled Drugs and Substances Act, its use for medical purposes is permitted under the Regulations to the Act. The Canadian government has also announced its intention to legalize the substance in the near future for non-medical use.

What does this mean for employers?

In the context of non-medical use, marijuana (whether legal or not) can be treated in substantially the same way as the use of alcohol under a workplace drug & alcohol policy. Employers have the right to prohibit the use of marijuana during work hours, and to further prohibit attendance at work while impaired. Breach of these prohibitions can properly be made the subject of progressive discipline, and in appropriate cases could result in termination of employment for just cause.