Pubdate: Thu, 11 Feb 2016
Source: StarPhoenix, The (CN SN)
Copyright: 2016 The StarPhoenix
Contact:  http://thestarphoenix.com/
Details: http://www.mapinc.org/media/400
Author: Alex MacPherson
Page: B5

LEGAL POT MUCH LIKE BOOZE

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: Jay Bergstrom