Cannabis in the Workplace

No. The laws in Alberta prohibit you from smoking cannabis in a “workplace.”

A workplace is defined as “all or any part of a building, structure or other enclosed area in which employees perform the duties of their employment, whether or not members of the public have access to the building, structure or area as of right or by express or implied invitation, and includes reception areas, corridors, lobbies, stairwells, elevators, escalators, eating areas, washrooms, lounges, storage areas, laundry rooms, enclosed parking garages and work vehicles.”

Last Reviewed: June 2019

Many employers are treating cannabis the same way as they treat alcohol. Safety in the workplace is an obligation of all work site parties, including employers, supervisors, and workers. Impairment at work (from cannabis, alcohol, medications, or a medical condition) can create an unsafe work situation.

If you are impaired by cannabis (either recreational or medicinal) and your impairment may impact the health and safety of you or someone else at work, then you have a legal obligation to ensure it does not.

You should review your workplace policies. Many employers have policies about drugs (including cannabis) and alcohol in the workplace, health and safety, and consequences for disobeying those policies.

Last Reviewed: June 2019

There are no clear answers to these questions. If you have authorization to use medical cannabis, then you can use it the same as any other prescription medication – in the manner prescribed by your physician.

As an employee, you have an obligation to keep a safe workplace. If your use of medical cannabis may impact the health and safety of you or someone else at work, then you have a legal obligation to ensure it does not. For example, if you operate large machinery and your medical cannabis use affects your ability to safely perform your job, then you could be putting you and your colleagues’ safety at risk. You are expected to report to your employer or supervisor any known impairment that may affect your ability to safely do your job. You do not have to disclose the cause of the impairment. If there is a workplace incident and you have not previously disclosed your impairment to your employer, you may face consequences.

On the other hand, your employer cannot discriminate against you for using medical cannabis if you are properly authorized to use it and are using it according to that authorization. Your employer can ask to see your certification. Disability, both physical and mental, are protected grounds under human rights legislation in Alberta and Canada. This means your employer cannot discriminate against you based on a disability.

If your use of medical cannabis prevents you from performing all or part of your job, your employer has a duty to accommodate your condition to the point of undue hardship. Accommodation means the employer must take reasonable steps, such as changing a policy or the physical working environment, to make sure a person’s protected ground (such as a disability) is not negatively impacted. Undue hardship exists where accommodation creates difficult conditions for an employer, such as high financial costs or serious disruption to business. An employer and employee are expected to work together to agree on reasonable accommodation. An employee is not legally entitled to instant or perfect accommodation.

You should review your employment contract, your employer’s policies and any collective agreements you are under to understand what rules apply to you and what your obligations are as an employee when it comes to cannabis.

Last Reviewed: June 2019