Cannabis Testing in the Workplace: Overview and Current Issues
Mary-Elizabeth Dill and Anna Goldfinch, Cannabis Testing in the Workplace: Overview and Current Issues, Paper prepared for the Ontario Bar Association’s Current Issues in Labour Law Program, June 12, 2019
On October 17, 2018, the Cannabis Act came into force. The Act legalized the possession, purchase and cultivation of recreational cannabis, within certain limits.
In response to the change in the law, some employers have implemented new workplace drug policies or have revisited their existing policies. Unions are trying to ensure that the rights of workers, and in particular the privacy rights of workers, are protected in the process.
In this paper, Mary-Elizabeth Dill and Anna Goldfinch canvass the current legal frameworks for individual and random drug testing in the unionized workplace, and look at the most recent jurisprudential trends in these areas. They also discuss some of the scientific and legal challenges specific to cannabis testing.