Dispensaries are currently undergoing a series of raids as TPF personnel are cracking down on store fronts and businesses that are working outside the law. The surge in organizations selling cannabis and cannabis products might well be egged on by the looming eventuality that cannabis will either become decriminalized or legalized in the near future. Regardless of why, there is still a requirement for those who use pot as medication to apply with the appropriate authorities so that they can legally acquire it as a medicine, not as a recreational drug. At this time there is still a lot of discussion about how to undergo the development of a potential marijuana policy and the question is still up in the air as to how interpret cannabis as an accommodation.
The ability to grow cannabis from seeds was a program that Canada endorsed until recently and the only way to obtain it for medical use is to go through a licensed producer. The organization that are being raided this week are not licensed producers and while cannabis can be purchased over the counter, to do so is still considered illegal. There have been encouraging nudges from U.S states that have legalized it which gives credence to the progress towards possible legalization here in Canada. But, the fact remains that unless a person has received permission from the Canadian Government, and uses cannabis products as medicine, it is still not legal to buy on the street and it cannot be viewed as an accommodation.
I don’t mean to burst anyone’s bubble here because it is very exciting that we are now starting to see the possibility of having cannabis legalized in this country. I would, however, advise restraint and postpone the dusting off of phish albums until we know for sure and are supplied with an adequate framework with which to implement cannabis use beyond medicinal purposes. Even at that point the idea of cannabis use as accommodation will most definitely be an ongoing discussion between an employee and their employer.
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