C A N N A B I S
The times they are
a-changin’, and Canadian
companies need to be ready
By Alison McMahon
Canadian attitudes and laws toward marijuana use are
shifting, which could result in employers facing new
challenges in their attempts to provide a safe workplace
for their employees. It’s important for employers to
prepare themselves – sooner rather than later – for changes
in marijuana legislation and begin planning how to adapt
to the implications of increased marijuana use throughout
the country.
Background
The first step toward the legalization of cannabis in Canada
occurred in 1999 through exemptions allowed under
Controlled Drugs and Substances Act (CDSA). Under section
56 of the act, individuals were granted the right to legally
access dried marijuana for medical purposes. In 2001, under
the federal Marijuana Medical Access Regulations (MMAR),
individuals were, under the authorization of their medical
practitioner, granted the right to access dried marijuana
through one of three means: producing their own plants,
designating someone to produce plants for them or purchasing
plants through Health Canada.
These regulations were subsequently amended in June
2013 by the Marijuana for Medical Purposes Regulations
(MMPR). The MMPR set forth the requirements for creation
of a commercial industry to ensure people with medical
needs could access quality-controlled marijuana that had
been produced and distributed under secure and sanitary
conditions. In July 2015, following a Supreme Court of
Canada decision that found access to only dried marijuana
unconstitutional, the Minister of Health issued furthered
exemptions under the CDSA to allow licensed producers to
produce and sell marijuana in multiple forms, including dried
and fresh and to enable authorized users to possess and alter
the various forms.
Just seven months later, in February 2016, a Federal Court
of Canada case ruled that requiring individuals with medical
needs to only obtain their marijuana from licensed producers
violated the individual’s right to “reasonable access,”
a right protected under Canada’s Charter of Rights and
Freedoms. This decision led to the development of the Access
to Cannabis for Medical Purposes Regulations (ACMPR).
The ACMPR calls for the continuance of quality-controlled,
licensed, commercial marijuana production as introduced
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