Decriminalising 'weed'

COURTNEY MCNISH

This article in no way serves to act as a support statement for calls for the decriminalisation of cannabis/weed/ganja/pot. I must add though, that I have been observing varying public discourses on the subject. A few weeks ago, this country had its first ever national cannabis rally. I have also been noticing more local public opinions and articles published in our daily newspapers, and recently heard of a radio station advertising an upcoming segment dealing specifically on the topic of legalising “weed”.

The following is therefore, simply, an attempt to scan how the rest of the world is treating cannabis legalities and the implications for the workplace, if we choose to do the same.

Firstly, Uruguay was the first country to fully legalise the cultivation, possession and sale of marijuana. Canada has also taken the jump to fully legalise the drug for recreational use but unlike Uruguay, the country has maintained certain restrictions. In the US, it is up to each state to decide, therefore allowing for a broad spectrum of legality for the plant, its acceptable uses, sale and distribution.

From Mexico straight down to South America, eight countries have already legislated the right to have small quantities of the weed which can vary from five grammes in Mexico to 20 grammes in Colombia. In all of those countries it is still illegal to cultivate, however, in Colombia you are permitted to grow up to 20 plants. In Argentina you can get medical cannabis for free.

Jamaica is the only Caribbean country to decriminalise the "plant-like" substance. Since 2015, Rastafarians have been allowed to use unlimited amounts with no repercussions.

Around the world, places like Switzerland, Spain, Portugal, Netherlands, Russia, Estonia, Ukraine, for example also vary in the legality of weed possession and use. Some of those countries offer specialty coffee shops where one can enter and use the drug without fear. Australia, has, however been at the forefront of research and commercialisation, and weed has been legal across the country for that purpose, however, recreational marijuana is not.

Therefore, while we have been learning about the medical breakthrough and research on cannabis, countries around the world including first-world ones, have been amending legislation to provide their citizens with a chance to have access to treatment.

On the flip side, according to the US National Institute on Drug Abuse, "Because marijuana impairs short-term memory and judgment and distorts perception, it can impair performance in school or at work and make it dangerous to drive… The effects of cannabis on individuals vary widely depending on the THC content (the active ingredient in marijuana), frequency of use, and other factors such as combined use with alcohol or other drugs. Typical effects described by cannabis users are relaxation, euphoria, increased appetite, overall happiness and heightened senses.”

As it stands, because of marijuana’s current legal status as a prohibited drug, workers are sometimes randomly tested for it in many local companies. At the workplace, there are concerns of its side-effects which relate to the safety of workers, their ability to safely operate machinery, decreased work performance, attendance and punctuality.

And this is where the sensitivity of the decision and taboo comes into play. People may feel if weed gets a measure of legality, then we may have nation of "zombified" citizens and workers walking around. But just remember we were also at this same point many years ago with alcohol, and so, education is key.

The reality is that cannabis usage is much more prevalent across our society than many of us may wish to admit. As a matter of fact, the cookies, brownies and lollipops are now so popular, that I personally know quite a number of people who use it. And age is no barrier.

So, given its local prevalence and current world trends, I will not be surprised if within the next few years the drug is decriminalised domestically. Some international legislation have expressly included that employers are not required to permit or accommodate employees’ use or possession of marijuana at the workplace. Likewise, legislation is unlikely to affect an employer’s ability to enforce workplace policies restricting the consumption of marijuana by employees. Accordingly, employers may continue not to permit marijuana use at the workplace or workers reporting for work under its influence, maybe with an exception for medicinal purposes. So, how will that affect your current culture and policy?

Firstly, HR would need to prepare and know that use of the drug within reason would no longer be a matter of legality and amend their policies to reflect such. In the instance where the drug is legal due to its medical use, then that will have to become a whole new provision in workplace policy.

HR would have to do their due diligence and conduct proper research. They would have to know that depending on the amounts, frequency and length of use of marijuana by a worker, the drug can remain in the body for longer periods than alcohol. This can show from as long as 30 days for a single use, up to 90 days for frequent users in blood analysis tests. However, the standard urine test will detect the drug up to three days for infrequent users but up to 30 days for frequent users. But testing for its use would become irrelevant.

This knowledge is important, because legalisation would mean that the drug’s classification would change, requiring changes in workplace policies. Workers now will be allowed to use “weed” and, therefore, the importance of finding out if the worker is using an illegal substance will have to switch to determine if a worker is impaired by the use of a legal substance, much like your current alcohol policy.

I trust the information I am sharing will help my HR colleagues to get the big-picture view regarding weed legality world-over. Also, that they will consider any next steps approaches, should Parliament make changes to the Dangerous Drugs Act regarding possession of marijuana for personal use.