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w w w . C A N A D I A N L a w y e r m a g . c o m J U L Y 2 0 1 7 43 than the already-legal alcohol. It's a big unknown. The "evaluation of consumption is different," says Wagner. While the phys- ical effects of alcohol are obvious, that isn't true of cannabis. Further, he says, cannabis can be ingested in food such as cakes and candies, making its consump- tion less obvious to employers. "With alcohol, there's a clear thresh- old: You're impaired at law [at a certain blood alcohol level]. But what is going to be the cutoff level for cannabis blood concentration?" asks Bouwmeester. That threshold hasn't been established yet. In a lengthy report by the federally appointed task force on legalizing can- nabis, there were less than two pages on workplace implications, she says. "From an employer perspective, the workplace issues have not been ade- quately addressed." Nor is there currently the same con- trol of the level of "strength" of mari- juana compared to alcohol, which is labelled according to alcohol content. The level of tetrahydrocannabinol, or THC, the principle psychoactive con- stituent in cannabis, is not consistent in cannabis. However, under the new legislation, strength of product will be regulated, particularly as the marijuana industry is burgeoning. "The government regime will effec- tively take the distribution model, like for liquor, but you will have certified producers providing the product," says Michael Howcroft of Blake Cassels & Graydon LLP in Vancouver, B.C. The system for controlling potency "will be premised on consistent quality and a known dosage." Several lawyers interviewed also expressed concern that, with the legal- ization of recreational cannabis and the loss of stigma attached to consuming the drug, consumption will increase. "There's potential for an increase in addiction," says George Waggott, who practises in McMillan LLP's employ- ment and labour relations group in Toronto. "The potential is unknown, and uncertainty is never good. . . . But it's fair to say the likelihood of the num- ber of people consuming marijuana — it's not going to decrease." Marijuana as prescribed Marijuana use for medicinal purposes is already legal, and one potential risk is for workers "self-dosing," says How- croft. Someone may be buying cannabis "through the recreational retail chain, but then when it comes to the workplace, claiming it is medically necessary and relying on the duty of the employer to accommodate." At present, if an employee is using medical marijuana, they require docu- mentation from a doctor, Howcroft says. But, if next year an employee tells his employer he needs cannabis to treat his glaucoma but he has purchased the can- nabis from a local pot shop without a prescription, "the challenge for employers will be to hold employees accountable, that they're not misusing marijuana for [purported] medicinal purposes." The challenge "is that we have very little research and understanding of symptoms associated with marijuana Order # 804218-65203 $488 2 volume looseleaf supplemented book Anticipated upkeep cost – $406 per supplement 4-6 supplements per year Supplements invoiced separately 0-88804-218-3 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Canadian Employment Law Stacey Reginald Ball More than 7,000 cases cited Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada, and is used in law schools throughout Canada. Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Also available online on WestlawNext® Canada EmploymentSource™ © 2016 Thomson Reuters Canada Limited 00234UC-84746-CE 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Referrals on behalf of employees and employers respected all_CL_Mar_12.indd 1 12-03-13 2:27 PM

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