Using cannabis at work can lead to discipline or termination, especially if you are impaired, create a safety risk or violate a workplace policy.
But an accusation involving cannabis does not automatically give your employer just cause to fire you without severance.
Samfiru Tumarkin LLP helps non-unionized employees in Ontario, Alberta and British Columbia understand their rights when cannabis use, workplace impairment, discipline or termination becomes an issue.
⚠️ Fired for cannabis use?
Do not assume you are owed nothing. The employer still has to justify a termination for cause based on what happened, your role, the workplace rules and the surrounding circumstances.
Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner
On This Page:
- 1. Cannabis at Work
- 2. Being High at Work
- 3. Can You Be Fired?
- 4. Off-Duty Cannabis Use
- 5. Medical Cannabis
- 6. Cannabis Dependence & Accommodation
- 7. Drug Testing
- 8. Safety-Sensitive Jobs
- 9. Workplace Cannabis Policies
- 10. Severance Rights
- 11. Common Questions
Can You Use Cannabis at Work?
Employers can restrict or ban cannabis use during working hours.
Legal recreational cannabis does not give employees the right to use it at work or report to work impaired.
Workplace concerns can include:
- Impairment
- Safety risks
- Reduced performance
- Operating vehicles or equipment
- Violating workplace drug policies
- Possessing or using cannabis in prohibited areas
The consequences depend on the facts, the employee’s role and the employer’s policies.
Can You Be High at Work?
An employer can require employees to be fit for duty and not impaired while working.
Showing up high can lead to discipline, removal from duty or termination, especially where the impairment affects safety, judgment or performance.
? Legal cannabis does not mean workplace impairment is protected.
Employers can still enforce reasonable rules about being fit for work.
Is it illegal to be high at work?
The employment issue is usually whether the employee violated workplace rules, was impaired or created a safety risk. Separate legal issues can arise depending on the job and circumstances.
Can You Be Fired for Being High at Work?
Yes. Cannabis-related misconduct can lead to termination.
But there is a difference between being terminated and being terminated for cause.
An employer can terminate a non-unionized employee without cause if it provides the notice or severance the employee is owed.
To deny severance for cause, the misconduct has to be serious enough to justify that result.
Relevant factors can include:
- How impaired the employee was
- Whether safety was put at risk
- Whether the conduct was repeated
- Whether there were previous warnings
- Whether a clear workplace policy was violated
- Whether the employee was dishonest during the investigation
- Whether medical cannabis or addiction is involved
Read our guide to termination for cause.
Can You Be Fired for Smoking Cannabis Outside of Work?
Off-duty cannabis use does not automatically give an employer grounds to fire you for cause.
An employer can have legitimate concerns if off-duty use affects:
- Your ability to work safely
- Your performance
- A safety-sensitive role
- A valid workplace policy
- The employer’s legitimate business interests
But legal cannabis use during personal time is different from being impaired at work.
? Using cannabis off the clock and being impaired at work are not the same thing.
The employer should look at actual workplace impact, not simply the fact that cannabis was used.
What If You Use Medical Cannabis?
Medical cannabis can raise disability and accommodation issues.
If cannabis is used to treat a medical condition, the employer may have a duty to accommodate the underlying disability.
That does not mean an employee has an unrestricted right to be impaired at work.
Accommodation can involve:
- Changes to when medication is used
- Modified duties
- Changes to scheduling
- Temporary restrictions
- Medical information about functional limitations
The employer should consider accommodation while also addressing legitimate safety concerns.
Learn more about the duty to accommodate.
What If Cannabis Dependence or Addiction Is Involved?
Substance dependence can be a disability protected by human rights law.
If the employer knows, or should reasonably know, that addiction may be connected to the conduct, it may need to consider accommodation rather than treating the issue only as misconduct.
Accommodation can include:
- Medical leave
- Treatment or rehabilitation
- Return-to-work conditions
- Modified duties
- Ongoing medical support
The duty to accommodate does not require an employer to ignore serious safety risks or ongoing misconduct.
Can Your Employer Test You for Cannabis?
Workplace drug testing is restricted and highly dependent on the circumstances.
Testing can raise privacy and human rights issues, particularly because a positive cannabis test does not always prove current impairment.
Factors that can matter include:
- Whether the job is safety-sensitive
- Whether there was a workplace incident
- Whether there were reasonable grounds to suspect impairment
- Whether testing is permitted by a valid workplace policy
- The employee’s privacy rights
A positive test should not automatically be treated as proof that an employee was impaired while working.
Learn more in our guide on drug and alcohol testing at work.
What If You Work in a Safety-Sensitive Job?
Cannabis impairment is more serious where it could create a significant risk of injury or harm.
Examples can include employees who:
- Drive vehicles
- Operate heavy equipment
- Work with dangerous machinery
- Perform safety-critical duties
- Have responsibility for vulnerable people
An employer can have stronger reasons to remove an employee from duty immediately while it investigates suspected impairment in these roles.
Can Employers Ban Cannabis at Work?
Yes. Employers can create reasonable workplace rules restricting cannabis use and impairment.
Policies can address:
- Using cannabis during working hours
- Reporting to work impaired
- Possessing cannabis in certain workplaces
- Operating vehicles or equipment after use
- Disclosure requirements in safety-sensitive roles
Clear policies and consistent enforcement can become important if the employer later relies on a breach as grounds for discipline or termination.
Do You Get Severance If You Are Fired Over Cannabis Use?
You can. If the employer can’t establish just cause, you may still be entitled to notice or severance.
For employees entitled to common-law notice, severance can be as much as 24 months’ pay and depends on factors such as:
- Age
- Length of service
- Position
- Compensation
- Availability of comparable work
- Employment contract
Read our guide to severance pay in Canada or use the Severance Pay Calculator.
⚠️ Fired for cause over cannabis?
Do not assume you are owed nothing. Have the allegation and termination package reviewed before signing a release or accepting the employer’s position.
Cannabis at Work: FAQs
Can you be fired for being high at work?
Yes. Workplace impairment can lead to discipline or termination. Whether the employer can deny severance depends on the seriousness of the situation.
Can you smoke cannabis during your lunch break?
An employer can prohibit cannabis use during working hours and require employees to return from breaks fit for duty.
Can you be fired for smoking cannabis outside of work?
Off-duty cannabis use does not automatically justify termination for cause. The key issue is whether it affects the workplace, safety, performance or a valid employment requirement.
Can you be fired for having cannabis in your system?
A positive result does not always prove current impairment. The circumstances, testing method, workplace policy and employee’s role all matter.
Can you use medical cannabis at work?
Medical cannabis can require accommodation, but an employee does not have an unlimited right to work while impaired, especially in a safety-sensitive role.
Can your employer ask whether you use cannabis?
Employers can ask for information that is reasonably connected to workplace safety, fitness for duty or accommodation. Privacy and human rights rules can limit what information is appropriate.
Can you be fired for refusing a cannabis test?
It depends on whether the testing request was lawful and reasonable in the circumstances. Get advice before refusing where possible.
What if your employer wrongly thinks you were high?
Ask what evidence the employer is relying on, document your version of events and provide any relevant medical or factual explanation.
Should you resign after a cannabis-related incident?
No. Do not resign simply because you believe you may be fired. Resigning can affect your severance rights. Get advice first.
What if you’re unionized?
Your collective agreement governs discipline, testing and termination disputes. Contact your union about the incident and any grievance deadlines. Samfiru Tumarkin LLP’s employment law team does not assist with unionized workplace disputes.
Fired Over Cannabis at Work?
Cannabis-related misconduct can be serious, but it does not automatically eliminate your severance rights.
If your employer fired you for cause, accused you of being high at work or ignored a medical cannabis or addiction issue, get advice before signing anything.
The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees in Ontario, Alberta and British Columbia understand their termination, accommodation and severance rights.
Before you sign, always check first.
➡️ Get Legal Advice or call 1-855-821-5900.