Medicinal cannabis is legal in Australia with a prescription under the Therapeutic Goods Administration (TGA) guidelines. However, its use in the workplace is far from straightforward. Unlike many other prescription medications, cannabis—particularly products containing THC—can impair cognitive and motor functions. This creates challenges for employers who are legally obligated to ensure a safe work environment under workplace health and safety (WHS) laws.

For Employers: Key Considerations

1. Workplace Policies

Clear drug and alcohol policies are essential to set expectations and ensure compliance. Policies should address:

• Whether employees can work under the influence of prescribed THC-containing cannabis.
• Obligations to disclose prescribed medication that may impair performance or safety.
• Drug testing procedures, including how results are interpreted for medicinal cannabis users.

2. Risk Management

Employers must assess whether an employee’s medicinal cannabis use poses safety risks, particularly in safety-critical roles such as operating machinery or driving. If THC is detected in drug tests, even with a prescription, employers may need to:

• Conduct risk assessments to evaluate the potential for impairment.
• Seek medical advice on the employee’s fitness for duty.
• Explore reasonable adjustments, such as reassigning tasks or modifying duties.

3. Accommodating Medical Needs

Employers have a legal obligation to consider reasonable adjustments for employees with medical conditions. This could include:

• Offering non-safety-critical roles temporarily.
• Allowing time for the employee to explore alternative treatments. However, if no adjustments can mitigate safety concerns, termination may be lawful—as seen in cases like Mills v Glamorgan Spring Bay Council.

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For Employees: What You Need to Know

1. Disclose Your Use

Transparency is crucial. If your medication contains THC or may impact your ability to perform your duties safely, inform your employer. Most workplace policies require disclosure of prescription medications that could affect fitness for work.

2. Understand Workplace Policies

Familiarise yourself with your employer’s drug and alcohol policy. Some organisations, especially those in safety-sensitive industries, have zero-tolerance policies for THC, regardless of impairment.

3. Be Proactive About Fitness for Duty

Work closely with your doctor to obtain documentation that confirms your ability to safely perform your role. If adjustments are needed, discuss these openly with your employer.

4. Recognise the Limitations of a Prescription

While a prescription legitimises your medicinal cannabis use, it does not provide immunity from workplace policies or dismissal. Employers have a right to prioritise safety over individual medical needs.

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The Broader Implications

The increasing accessibility of medicinal cannabis highlights the need for greater education and understanding on both sides. Employers must be equipped to handle these situations with fairness and flexibility, while employees should be aware of their responsibilities and the limitations of workplace protections.