Disclaimer

I am a lawyer. But…… nothing in this presentation should be taken as legal advice.Your legal situation is unique.

To obtain legal advice, contact a lawyer. Don’t rely upon the info in this presentation.

Marijuana in the Workplace

(what you need to know)

Marijuana is not on its way

it has already arrived

Designer Dispensaries

Insurance Industry Changes

Producers Listed on TSX

There’s an app for that…

Controlled Substance

illegal to possess, produce or traffic

11% of Canadians use it every year

25% of Canadian youth age 15 - 24

Brief History

1920s – Prohibited in Canada2001 – Medical Marijuana Access Program2014 – Marijuana for Medical Purposes

Regulations (MMPR) – “Doctor’s note”2015 – Government commitment to legalize

– R. v. Smith SCC – “alternate forms”2016 – Access to Cannabis for Medical Purposes Regulations (ACMP) – “grow at home”2017 – Legalization legislation to be introduced

CBD the other Cannibidoil

Key ingredient in cannabisNon-psychoactive (unlike THC)Wide range of medical benefits

Therapeutic Benefits

Nausea Weight and Appetite LossPalliative Care Glaucoma

MS Chronic Pain IBS

Forms of Cannabis

Dried Herbs OilHash Concentrates

Foods and Beverages

Mary’s Story

By ashton (Flickr: When in Amsterdam…)

Medical Marijuana in the Workplace

Treated the same as other prescription drugs

Cannot discriminate based on a disability

Medical marijuana prescribed to treat Disabilities

Employer has a duty to accommodate to the point of undue hardship

Medical Marijuana in the Workplace

Duty to accommodate: • Only to the extent that it will not endanger the

safety of other employees• When impairment is an issue, may need to find

other suitable work to accommodate employee • Runs both ways• Employee may be required to show not

impaired

Questions arising from requirement to be medicated at work

Impairment?Need for an area to smoke joints?

Force use of alternate forms?

Recreational Marijuana in the Workplace

Recreational Marijuana in the Workplace

Recreational use not the same as medical

Rules same as for other drugs and alcohol

Policies limiting or banning non-medical use in workplace – must be cautious– French v. Selkin Logging case from B.C.

Jane’s Story

Safety Sensitive Positions

0 impairment + 0 impact on ability to perform duties

=No basis to reprimand*

Drug Testing

Often not justifiable under the lawNeed evidence of drug problem in

workplace causing danger

Problems with Drug Testing

Urine test which tests for presenceTHC = Fat-soluble

Stays in system for up to 30 days

Health Plan Questions

Who pays for medical marijuana?Will it be covered by insurance? WSIB?Incorporate into collective agreement?

Health Plan Questions

Need to better screen fake medical needs?

Organization challenging prescriptions?

Travel Insurance 101

Trip Cancellation Insurance

Sun Mo Tue We Thu Fri Sat

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19 20

21 22 23 24 25 26 27

28 29 30 31

Sun Mo Tue We Thu Fri Sat

1 2 3 4 5 6

7 8 9 10 11 12 13

14 15 16 17 18 19 20

21 22 23 24 25 26 27

28 29 30 31

Trip Interruption Insurance

How Obtain Travel Insurance?

Credit CardIndependent Purchase

Employment Group Policy

Typical Covered Risks

Biggest Misconception

Usually 20 to 50 Covered Risks

If not set out in the policy, not a covered risk

Typical Covered Risks

Typical Covered Risks

Emergency Medical Treatment for Sickness or Injury

Early Term Pregnancy ComplicationsLegal Adoption

Death (you, companion, family member, host)

Typical Covered Risks

Summons to serve in army

Loss of Job

Jury Duty

Quarantine

Typical Covered Risks

Delay of scheduled carrier due to weather

Delay of private automobile due to mechanical failure

Delay of connecting carrier

Expenses/Treatments covered:

Hospitalization Bedside Attendance

Return of Family Emergency MedMembers Treatment

Medical BaggageTransportation Return

Exclusions

Pre-Existing Medical ConditionsSelf-Inflicted InjuriesMedical Conditions Related to drugs

What Repaid?

Non-refundable portion of travel arrangement to policy maximums

How/When Make Claim?

If possible, call insurer to advise of issues prior to making arrangement.

Alternatively, as soon as possible after treatment

Thank You

Robert RichlerAssociate Lawyer

416.263.4517robertr@davieshowe.com

www.davieshowe.com