Two or three men are seen by other workers in the company smoking on the job. Well, not exactly on the job…they are taking a break, sitting on the ground behind the building they work in. It is a normally scheduled break.
And someone reports them to security.
So what's the problem? They are not fighting on the company premises.
They are not blocking the passage; people are passing all the time.
They are not causing a fire hazard.
They are not stopping other people from working.
Or are they?
And what exactly is it they are smoking?
The familiar smell of marijuana, sweet and fairly pungent, sort of like thyme or lime or lemongrass burning, is unmistakable. There is no way you can miss it, even if you pass by accidentally or happen to be around the corner.
Outside. On company premises.
Do not try to hide it, because it is almost impossible to do so. It is caused by the chemical terpenes, a brother who was into chemistry in college told me, and can cling for hours to your clothes, as well as in your breath, as many young people now in prison have learned. In your blood and hair it can, and does, last for days.
In 2019 the police issued a notice announcing that possession of up to 30 grammes was now legal and you could smoke it at home, which is where it is advised you use it. If you are caught with more than 30 grammes in your possession you can be fined $50,000, or, if you have 60-100 grammes, $75,000.
But if you smoke or have it in or near a school or in a public place the fine is $250,000 and imprisonment for five years.
And if you smoke marijuana at work, property where your employer is responsible, they will have to 'take the bounce.' Every time. It can add up.
Since, like many other people, I thought the decriminalisation of marijuana in 2019 and the police notice mentioned above meant it was legal, I checked the Dangerous Drugs Act.
It says someone will be considered guilty of an offence if smoking on work 'property' and that includes a person who is the owner of the property or 'is in custody or control' of the property or who 'has any obligation in relation to that property' (Section 29A).
The latest amendment includes in the definition of who is responsible for that property (and there is a long list of them) someone who knows it was done 'with his consent or connivance' or it is done due to their 'wilful neglect' or someone who is 'a director, manager or similar officer' of the place, even if they were not aware that it was going on at the time.
Section 29B makes it clear that this liability extends to even one offence.
Now that he has a degree in medicine, I asked my brother how marijuana affects people and whether it could lead to mental illness. There are many cases recently of mental dysfunction reported as work-related illnesses, arising from the pandemic and from substances used to relieve the stress resulting from effects of the lockdowns. Employers are now being urged to develop policies relating to mental illness among staff.
He had been studying the effect
