Although the government has confirmed that a referendum will be held at the general election next year on whether cannabis should be legalised, employers are under no obligation to accept an employee’s impairment while on the job. Employers will no longer be able to argue that cannabis is an illegal substance to justify low or zero tolerance policies, but should rather look at the actual impact of employees attending work under the influence. In addition, employers will need to consider its use for medicinal purposes and whether any level of its use is acceptable. Employment agreements and policies should be updated to accurately reflect the company’s stand on the use of cannabis.
