The pending legalization of non-medical cannabis raises a host of issues for employers. Upon passage of the new legislation, employers can expect to encounter difficult decisions relating to the appropriateness of drug testing (including suitability of any current drug-testing programs), dealing with drug-related employee misconduct and claims of discrimination, and the ever delicate balance between the obligation to accommodate an employee with a disability (including an addiction) under human rights legislation and the duty under occupational health and safety legislation to provide employees with a safe workplace.

In addition to reviewing and amending workplace policies and procedures in light of the new legislation, we recommend that our clients seek legal advice when dealing with those workplace issues that will inevitably arise with the legalization of recreational cannabis.