Pubdate: Thu, 11 Feb 2016
Source: Regina Leader-Post (CN SN)
Copyright: 2016 The Leader-Post Ltd.
Contact:  http://www.leaderpost.com/
Details: http://www.mapinc.org/media/361
Author: Alex MacPherson
Page: B4

LEGAL POT MUCH LIKE BOOZE

Employers may ask for drug tests

Justin Trudeau's Liberal government has promised to legalize
recreational marijuana use, but anyone thinking about sparking a joint
before starting a new job could be in for a rude surprise, according
to one legal expert.

"In the grand scheme of things, I don't think this is really going to
change the landscape that much in terms of the law in the workplace,"
said Keir Vallance, who practised labour and employment law before
joining the University of Saskatchewan's College of Law.

Marijuana is currently prohibited under the Controlled Drugs and
Substances Act.

Vallance said he expects legal marijuana to be regulated much the same
way alcohol is today, meaning employers will retain "fairly broad"
powers to make drug testing a condition of employment - as they have
for years with liquor.

However, there are significant practical issues related to tests
administered randomly and after a workplace accident, both of which
already require more stringent legal justifications, such as
reasonable cause to suspect intoxication.

The most significant is related to the standard urinalysis test, which
can detect the presence of marijuana but not prove impairment, he added.

"In terms of legal principles, I think we'll see very similar
treatment of marijuana as we see with alcohol, but practically
speaking, employers may have a struggle in dealing with the difficulty
in proving impairment for marijuana as compared to alcohol," Vallance
said.

Lucas Richert studies and teaches the history of pharmaceutical and
recreational drugs at the University of Saskatchewan. He said the
issue is complicated, and has advocates on both sides.

"Those in favour of testing argue that mandatory drug and alcohol
testing promotes safety and security in the workplace," he said in an
email. "Opponents, on the other hand, say that mandatory testing
violates privacy rights without reasonable grounds and can lead to
discrimination on the basis of an actual or perceived
disability."

He said that with legal weed on the horizon in Canada, it's
instructive to look at the United States, where several jurisdictions
including Washington, Oregon and Colorado have legalized the drug -
and developed a patchwork of laws covering workplace drug testing.

In Colorado it's legal for employers to fire employees for taking
legal marijuana, whereas in Maine - where pot is legal in two cities -
companies are prohibited from dismissing employees after one positive
test, he said.

Whatever happens, he noted, "recreational cannabis and marijuana as
medicine isn't going away anytime soon."
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MAP posted-by: Matt