MARIJUANA LAW UPDATES BY DR. THINESH SARMA B.SC., MB., BS, ONEPOINTSCREEN


Marijuana Legalization Meets the Opiate Epidemic: Canada’s Challenges


W


ith new numbers suggesting that almost 2,500 Canadians died from opioid-related overdoses in 2016, the need for timely and accurate drug testing methods


has never been greater. Furthermore, with marijuana slated to become legal in Canada by


2018, Canadian laws, international treaties, and social practices will be forced to evolve. Although it will be legal nationwide, it is still illegal to cross the U.S. border in possession of marijuana. Given the ever-increasing stats we are seeing with drug use,


coupled with the legalization of marijuana, there is an imminent need for a timely, effective, and accurate method to detect these substances in order to assist employers in ensuring a safe and drug- free workplace. Te timeliness and ease of use of rapid diagnostic kits are the reason


why many companies in various industries are utilizing this method to ensure employees are meeting stringent safety requirements.


Upcoming Challenges It’s no secret that Canada is facing multiple challenges when it comes to both the legalization of marijuana and the increasingly dire opiate crisis. While one is an inevitable evolution in Canada’s laws and the other is a catastrophic addiction; both require changes in the workplace and at a governmental level. Data released by the Public Health Agency of Canada found


that approximately 2,458 people died of opioid overdoses in 2016, which is a national death rate of 8.8 per 100,000 people. Western Canada is feeling the brunt of the epidemic, with opioid-related death rates of over 10 per 100,000 people in the Yukon, Northwest Territories, British Columbia, and Alberta. In British Columbia, the heart of the opioid overdose epidemic in Canada, 931 people fatally overdosed on illicit drugs last year. Te British Columbia Coroners Service reports that 227 people died from illicit drug use in January and February this year, with a 90 percent increase in the number fentanyl-related fatalities compared with the same period in 2016. Additionally, as the use of medical marijuana becomes more


prevalent, employers are encouraged to place a high priority on ensuring that they meet their legal obligations towards employees requiring the use of medical marijuana and, in particular, their duties towards such employees. A prescription for marijuana does not give employees the authority to use it in the workplace. Both the employee and employer would be subject to certain obligations with regards to the use of medical marijuana in the workplace, as the preliminary discussion indicates.


34 datia focus Both of the issues above—the opiate crisis and the legalization of


marijuana—are crucial elements of drug testing in the workplace, and the need to test has never been more critical. Drug testing is especially crucial when it comes to transporting goods across the U.S. border.


The Importance of Drug Testing With official plans to legalize recreational marijuana in July 2018, the Canadian government has promised some of the strictest impaired driving laws in the world. But there are still many unanswered questions for truck drivers and transport companies. Currently, a non-citizen atempting to enter the United States who admits to having consumed illegal drugs can be deemed inadmissible. As well, the U.S. Department of Transportation does not allow truck drivers to use any Schedule 1 drugs, including marijuana, even if it’s legal. One important case occurred recently at a border crossing from


British Columbia into Washington State. An American Customs and Border Protection Officer asked a Canadian if he used drugs, to which the Canadian replied yes, because he had a prescription for medical marijuana, which is legal in Washington State. To the traveller’s surprise, he was denied entry into the U.S. and faces the possibility of a permanent ban; a decision leſt up to the discretion of individual border guards.


fall 2017


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