Medicinal Cannabis in the Workplace – What Employers Need to Know
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Medicinal cannabis is now prescribed more frequently than ever in Australia, with thousands of patients approved under the Therapeutic Goods Administration (TGA). But for employers, this rise in prescriptions has created a new challenge: how do you manage safety in the workplace when an employee presents with a legitimate script? The critical point for safety professionals to understand is this, being prescribed does not mean being safe for work.
Prescription Does Not Equal Fitness for Duty
While medicinal cannabis may be legally prescribed, it can still impair reaction times, coordination, and decision-making, all of which are crucial in safety-sensitive environments. Just like prescription opioids or strong sedatives, medicinal cannabis can compromise an employee’s ability to perform safely.
For workplaces, the key issue isn’t legality, but impairment and risk management.
What Testing Can and Cannot Show
Workplace testing detects the presence of THC, the psychoactive compound in cannabis.
Tests cannot determine whether the THC detected is from prescribed or recreational use.
More importantly, testing cannot measure the level of impairment , only whether the drug is present above the workplace cut-off.
This means employers must base decisions on fitness for duty, not the origin of the drug.
Employer Responsibilities
Under WHS legislation, employers have a duty of care to ensure the workplace is safe. This includes:
Identifying and managing risks associated with impairment.
Ensuring clear policies that cover both illicit and prescribed drugs that may affect performance.
Applying testing programs consistently and fairly.
Providing employees with pathways for disclosure and support.
Practical Considerations for Employers
Update Policies: Clearly state that prescription does not override safety obligations.
Encourage Disclosure: Workers prescribed medicinal cannabis should inform their employer so risks can be managed.
Assess Case by Case: Consider role requirements, especially for safety-critical positions.
Offer Support: Use Employee Assistance Programs (EAP) or health providers for guidance and employee wellbeing.
Final Word
Medicinal cannabis may be prescribed, but that doesn’t automatically make it safe for work. The focus for employers should remain on impairment, compliance, and protecting both the worker and their colleagues. At Drug Test Australia, we help organisations navigate this complex area with compliant testing, training, and policy support that keep workplaces both fair and safe.