Pubdate: Thu, 05 Jan 2017 Source: Ottawa Citizen (CN ON) Copyright: 2017 Postmedia Network Inc. Contact: http://www.ottawacitizen.com/ Details: http://www.mapinc.org/media/326 Author: Joanne Laucius Page: A4 LEGAL POT 'MANAGEABLE,' LAW FIRM REPORT SAYS Marijuana a 'human-rights issue' employers will have to consider Medical cannabis has been named among the top biggest legal risks for businesses in 2017, according to a report from Canada's largest law firm. In its annual report on key trends and regulatory changes, Borden Ladner Gervais predicts medical marijuana will have a major impact on businesses - such as the possibility of employees being stoned on the job. But that doesn't mean employers should freak out about it - because overreacting is also a risk, said Rob Weir, a partner in the law firm. "Employers think they will have employees stoned out of their minds. I think that's an overreaction," said Weir, who urges employers to look at the evidence. For example, many users ingest medical marijuana in edible form and aren't smoking it - so there's no need to worry about providing smoking rooms for workers who use medical marijuana, as some have feared. "It's a risk to overreact," said Weir. "That's always a risk in law." He also feels there's been an unreasonable amount of worrying about employees being "high" at work. It's fair for employers to ask that workers who use prescription medication are able to do their jobs safely. Under human rights legislation, employers have a duty to accommodate employees with disabilities. If a worker has written communications from a doctor or other evidence that they must be permitted to use cannabis for medical purposes, an employer will have to consider the request. Whether the duty to accommodate requires the employer to permit the worker to consume medical cannabis depends on a number of factors, including the nature of work and the impact the use of cannabis would have on productivity. Employers also have a duty under provincial occupational health and safety legislation to maintain a safe workplace. If the employee can't work safely, then they qualify for long-term disability, if the employer provides that, said Weir. It's too early to say how the issue of marijuana on the job will play out in the legal system. But it's also a human-rights issue and employers have to understand their responsibility to accommodate workers, he said. "In my view, it's completely manageable. People come to work with all kinds of medications," he said. The report also points out that changes to the Access to Cannabis for Medical Purposes regulations present new opportunities and challenges in health care and capital markets. Health care facilities could be facing a push towards greater acceptance of medical cannabis in their settings with the increasing social acceptance of products such as cannabis oils and capsules, as well as the outcome of some Canadian Charter of Rights and Freedoms challenges, said the report. The loosening legal framework around medical cannabis is also fuelling fast growth. The Canadian market is forecasted to peak at $1.1 billion by 2020, even without full legalization for recreational use, says the report. "The Canadian market for cannabis could get even hotter if the federal Liberals make good on their election promise to fully legalize cannabis for recreational use, which is widely anticipated." - --- MAP posted-by: Matt