The shifting landscape of cannabis legalization has brought about significant changes in workplace dynamics, particularly in safety-sensitive positions. With new legislation protecting off-duty cannabis use, employers face the challenge of adapting their testing procedures to align with legal requirements while maintaining a safe work environment. In this article, we explore the complexities of this intersection and highlight innovative testing solutions that offer a promising way forward.

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Employers face a serious challenge in cannabis testing in the workplace — the current science cannot test for present impairment. Cannabis has unique qualities that make it unlike other drugs or alcohol. It is processed differently by the body, creates inactive byproducts and is retained in body tissue for weeks or longer.

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This study finds evidence for 24 hour carry-over effects of a moderate social dose of Marijuana on a piloting task. The results support our preliminary study and suggest that very complex human/machine performance can be impaired as long as 24 hours after smoking a moderate social dose, and that the user may be unaware of the drug's influence.

 

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The amendments to the Criminal Code through Bill C-46 are far reaching and significant. Originally, the intention was to pass this law in concert with the Cannabis Act to create new driving offences at the same time that marijuana was legalized. However, it appears that this bill is unlikely to come into force until well after the Cannabis Act is passed.

 

Issues When Measuring Drug Toxicity

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This column is the corollary to my earlier story: Problems with measuring drug toxicity. An important issue which arises from the biological samples taken by a drug recognition expert (DRE) involves s. 254(3.4(a)(b) and (3.6) of the Criminal Code where they read as follows:

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The institutions responsible for toxicological analysis of biological samples are imperative for the fair trial of cases involving allegations of driving while impaired by drugs. However, while they can be conclusive on whether a drug was detected, they will not have the ability to determine the timelines of a person’s drug impairment.