09/06/2026
Is your workplace drug policy ready for medical cannabis? ๐ฟ
Since the change in UK law in 2018, medical cannabis has become a mainstream prescription medication. For HR and Health and Safety managers, this creates a complex intersection between the Equality Act 2010, which protects those with disabilities, and the Health and Safety at Work Act 1974, which mandates a safe environment.
A "zero tolerance" approach that doesn't account for legal prescriptions could be interpreted as indirect discrimination. However, this does not grant employees a "license to be impaired" on the job.
Key Takeaways for Employers:
โ
Disclosure is Key: Policies should encourage employees to disclose legal prescriptions before testing.
โ
Choose the Right Test: Saliva tests are generally preferred for detecting recent use, which is more closely linked to potential impairment.
โ
Laboratory Confirmation is Essential: It is the only way to legally distinguish between therapeutic levels and recreational misuse, protecting your business from discrimination claims.
โ
Ensure your procedures are robust, fair, and legally defensible.