Jacqueline Luksha Quoted in The Globe and Mail Article on Cannabis Concerns for Employers

The Globe and Mail quoted Hicks Morley’s Jacqueline Luksha in a March 27, 2018 article titled “Cannabis concerns at work; Employers try to get ahead of legalization by making clear policies that put safety and respect for others first.”

The federal legislation intended to legalize the sale of cannabis and its use is expected to be finalized by this summer and employers are trying to get ahead of the game by considering their workplace policies. When it comes to an employer posing questions about an employee’s use of cannabis, there are limitations as to what can and cannot be asked due to privacy. However, there are certain questions that can and should be asked and “these might include whether it is necessary for the employee to use marijuana on the premises, is it necessary for it to be used during work hours, and is it necessary to use the kind of marijuana containing the psycho-active ingredient, THC” Jacqueline says.

There is an onus on the employer to educate itself about marijuana, including understanding the nature of the substance being used and its impact on the human body, as well as one’s attention span and an ability to perform certain jobs is critical. Jacqueline explains, “there are lots of other impairing drugs and there are lots of other reasons that someone could come to work impaired, like fatigue, so you want to be careful that you’re not just drawing those assumptions and that you understand what kind of marijuana they are using.”