Medical Cannabis in the Workplace: The Question Employers Are Still Struggling to Answer

Employers Are Asking the Wrong Question.

One of the most common conversations I have with employers today starts with a question that sounds simple on the surface.

"David, what do we do if one of our employees is using medical cannabis?"

The fact that this question is being asked more and more often tells me something important.

Workplaces are changing.

A few years ago, most conversations around workplace drug testing focused on illegal drug use, failed tests, disciplinary procedures and dismissals. Today, employers are finding themselves in situations that are far more complex.

Many employees are now being given legally prescribed cannabis-based medicines to help manage a range of medical conditions. These prescriptions can be issued by specialist doctors and are completely lawful in the UK.

Yet many businesses still have policies that were written long before medical cannabis became a workplace consideration.

As a result, employers often find themselves unsure of what to do.

They want to keep people safe.

They want to comply with the law.

They want to support employees.

They want to avoid discrimination claims.

The problem is that many organisations are trying to achieve all of those things without a clear plan.

The Reality Employers Need to Understand

The first thing I always tell employers is this, medical cannabis is not the problem, the real issue is workplace risk. Too many organisations immediately focus on the medication itself when instead they should be focussing on whether the employee can carry out their role safely and effectively.

Think about it this way. If an employee was prescribed strong painkillers after surgery, would your first question be "Can we discipline them for taking medication?" Of course not! 

What you would want is to understand:

• Whether the medication affects their ability to work.

• Whether any adjustments are needed.

• Whether there are any safety concerns.

• Whether a risk assessment should be completed.

Medical cannabis should be approached in exactly the same way.

The presence of a prescription does not automatically mean someone is unsafe to work. Equally, having a prescription does not automatically mean there is no risk. Each situation needs to be assessed individually.

Why Workplace Drug Testing Alone Is Not Enough

This is where many organisations run into difficulties. Traditional workplace drug testing programmes were often built around one objective, detect drug use.

The problem is that detection and impairment are not the same thing.

A workplace drug test may identify the presence of certain substances. What it cannot automatically tell you is whether an individual is impaired at the time they are working.

This distinction is becoming increasingly important as more employees use prescribed medication, including medical cannabis.

A positive result does not automatically answer the most important question:

"Is this person currently fit and safe to perform their duties?"

That is why, as employers, you need a broader approach that includes:

• Drug and alcohol policies fit for purpose.

• Manager awareness training.

• Workplace risk assessments.

• Reasonable suspicion procedures.

• Medical declarations.

• Occupational health input where appropriate.

Testing remains an important tool, but it should never be the only tool.

The Gap I Keep Seeing

Over the last few years, I have noticed the same problem appearing repeatedly. Many organisations have invested in testing, many have invested in policies but very few have invested in helping managers understand how to apply those policies in real-life situations. This leaves your managers caught in the middle.

They are expected to:

• Manage safety.

• Support employees.

• Make reasonable decisions.

• Protect the organisation.

However, a lot of them have never received any specific training on managing medical cannabis in the workplace. That lack of confidence can create unnecessary risk with some managers become overly cautious and others looking to avoid the issue entirely. Neither approach helps the employee or the business.

Support and Safety Can Exist Together

You do not have to choose between supporting employees or protecting your business. In reality, the best organisations do both. Supporting an employee does not mean ignoring risk whereas protecting the business does not mean automatically sacking someone.

A sensible approach focuses on understanding the situation, assessing the risks and making informed decisions based on evidence rather than assumptions. When handled correctly, medical cannabis cases can often be managed successfully through:

• Clear communication.

• Appropriate risk assessments.

• Suitable workplace adjustments.

• Ongoing monitoring where required.

• Consistent management processes.

Why This Issue Is Only Going To Grow

I do not believe medical cannabis is going to be a temporary workplace challenge. In fact, I believe it is one of the biggest workplace substance management issues employers will face over the next decade. Prescription numbers continue to rise, Awareness continues to grow and more employees are becoming comfortable discussing their treatment openly.

That means organisations need to prepare now rather than waiting until they face their first case. The businesses that handle these situations best will be the ones that already have the right policies, procedures and training in place.

My Question To You

This is something I am currently researching. If you are involved in HR, health and safety, operations or people management, I would be interested to hear your thoughts.

How is your organisation currently managing medical cannabis in the workplace?

Do you feel your managers have the knowledge and confidence to deal with these situations appropriately?

Free Support

If you would like to review your current approach, I currently offer a free initial consultation and a free workplace substance misuse audit.

You can also explore the demonstration version of our training and support platform, which has been designed to help organisations navigate workplace drug testing, impairment, prescribed medication and employee support more effectively.

The workplace is changing.

The question is:

Is your organisation changing with it?