As more people are starting to use medicinal cannabis as a form of treatment, they’re becoming more concerned with their rights as patients and employees. In this article, you’ll learn what your legal rights are and some key actions to take if you’re in a business environment where medicinal cannabis is being used.
Is it legal for employees to use medical cannabis at work?
There is no definitive answer to this question. These are the rights of employees at work and then the intersection of those rights with third- party rights. They fall into three categories:
- Employee’s private rights
- Employer-employee rights
- Third-party rights
You should take the context of your work and those of your workplace into consideration. Putting these two together will help decide what you are entitled to as an employee.
Workplace Policies: What to Look for
Many workplaces have a policy that outlaw’s consumption of drugs and alcohol, or a “drug and alcohol policy” in order to help protect both workers and owners. Heavy machinery and higher risk activities will usually have various policies which deal with workplace intoxication and prescribed medications.
If you ask for your workplace policies in a digital format, you can easily search for these topics:
- Prescribed medications
- Substances of intoxication
- Controlled substances
Read these policies in-depth and ask your peers and HR what their policing processes are. You can ask questions such as:
- What is the policy for drug testing?
- What happens if you are tested positive to various substances?
- What’s the history of the employer’s response to testing positive?
Remember the sort of job you perform, the employer’s history, and how they respond are all important factors. All these factors will have an impact not just on your rights, but also on what would happen if you tested positive without first informing your employer.
Can an employer drug test employees for medical cannabis?
Yes, in many cases, employers can drug test employees for the use of medical cannabis. However, it is important to check the specific laws and policies that apply to your workplace.
Employees who use medicinal cannabis as part of their treatment should be open and honest with their employer about their needs to reduce stress on both sides. If you are facing discrimination or other issues related to your use of medical cannabis, you may want to consult with a legal expert for advice on your rights and options. Regardless of the applicable rules and policies, it is crucial for both employees and employers to collaborate to create a solution that fits the interests of all parties involved.
Schedule an appointment with us to learn more about medicinal cannabis treatments, simply contact us or book online. We know how to help you on your journey to a happier, healthier, and pain-free life.
