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ARTICLE · 05 SEPTEMBER 2017

The Duty To Accommodate Medical Marijuana In The Workplace

Across North America, attitudes towards marijuana use, both recreational and medical, are changing quickly.

CanadaEmployment and HR

Across North America, attitudes towards marijuana use, both recreational and medical, are changing quickly. To the south of our border, several U.S. states, including Washington, Colorado, Alaska and Oregon, have legalized the recreational use of cannabis. In Canada, while recreational use has yet to be legalized, the federal government has, through the establishment of the Marihuana for Medical Purposes Regulations ("MMPR"), significantly relaxed the rules around access to marijuana for medical purposes.

Pursuant to the MMPR, medical marijuana is accessible to anyone who obtains a "medical document" from a healthcare practitioner. The MMPR does not require a prescription from a doctor. It does not require evidence of medical examinations or an attestation that medical marijuana is the best or only available treatment for the individual obtaining the document.

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