Workplace Policies and Canadian Cannabis Rights: A Policy Learning Comparison for Windsor

Although cannabis became a legal recreational drug under federal law in Canada, Windsor has no Fit for Duty or Accommodation policies at the time this paper is being written. Because of this, an opportunity for policy learning emerges. In this policy learning comparison, the policies in the American municipality of Salem, Oregon, will be juxtaposed to those of Essex County. The policies to be examined will be those whose subject matter is most relevant to the issue of cannabis in the workplace, the Fit for Duty policy and the duty to accommodate policy. Salem was chosen due to its location, being in Oregon where recreational cannabis has been legalized, and its population similarity to Windsor, amongst others. Essex County was chosen due to its close proximity to Windsor, in addition to a shared workforce providing a strong case for comparison. This paper finds that Essex County contains accommodation considerations in their policies that would be beneficial for Windsor to consider in the midst of cannabis legalization in Canada. Additionally, Salem’s testing protocols to ensure overall employee and employer safety in the workplace are beneficial for Windsor to consider as well. The transfer of these aspects into Windsor’s workplace policies is recommended based on the research provided