Watch Cannabis use and the laws linked to it may change video

The health ministry has suggested amendments to the Medicines and Related Substances Act. Photo: Stock Image / Pixabay

Medical cannabis use – is it allowed in the workplace in South Africa?

The laws surrounding the legalities of cannabis use when it comes to the workplace are some that tend to confuse many…

Watch Cannabis use and the laws linked to it may change video

The health ministry has suggested amendments to the Medicines and Related Substances Act. Photo: Stock Image / Pixabay

Cannabis is heavily regulated in South Africa and what can and can’t be done regarding the usage of the plant in the workplace is a bit of a grey area.

2018 case law basically legalised cannabis – with these rules…

Employment law experts at Cliffe Dekker Hofmeyr said that in 2018 case law ‘effectively’ legalised the private cultivation, use and possession of cannabis for private purposes, in private places by adults for personal consumption.

It currently is illegal to buy and sell cannabis products in South Africa UNLESS a license is granted by the South African Health Products Regulatory Authority (SAHPRA) under the country’s Medicines Act.

The Medicines Act allows patients to purchase and use unregistered medical cannabis products for legitimate purposes. Cannabis IS legally allowed to be acquired and consumed for medical reasons and cultivated and consumed by adults in private for any other reason.

So how can employers treat cannabis use by their employees?

Cliffe Dekker explained that when it comes to testing for cannabis things become a bit difficult. Testing methods for the presence of the plant do not distinguish between immediate use and general use that occurs outside of working hours.

They further explained that the PoPI Act only applies when a request for employees to disclose their health information is made. An employee’s consent, therefore, is mandatory.

It is possible that weed can remain present in the system of a person for weeks after usage and even longer for chronic workers – but this won’t necessarily impact the work performance of an individual.

Can an employer legally dismiss an employee for using weed outside of work?

The country’s Labour Court state that every adult is entitled to use cannabis in their own space for recreational purposes.

“While cannabis is legally capable of being consumed in private, employees can still be dismissed for misconduct if it is in contravention of their employer’s generally binding rules in the form of an alcohol and substance abuse policy or otherwise,”

said Cliffe Dekker Hofmeyr.

BusinessTech reports that if there is a legitimate medical reason for an employee to use cannabis, this should be discussed with their employer. Evidence needs to be provided that substantiates the employees’ condition to determine if the cannabis use would oppose the operational constraints or policies of the employer.

The publication further stated that employers are recommended to review their substance abuse policies to align with the regulations applicable to cannabis use – this is especially true when one thinks about the provisions of the Draft Cannabis for Private Purposes Bill.

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