As the use of medicinal cannabis becomes more common across Australia, workplaces — especially in safety-critical industries like mining, construction, and transport — are facing new challenges in managing drug and alcohol policies.
While medicinal cannabis may be legal under certain conditions, its presence in the workplace raises important questions around safety, compliance, and employer responsibility.
Is Medicinal Cannabis Legal in Australia?
Yes — medicinal cannabis is legal in Australia with a prescription from an authorised medical practitioner. However, legality does not equal fitness for duty. Even with a valid prescription, an employee under the influence of THC (the psychoactive compound in cannabis) may pose a safety risk in the workplace.
Drug Testing and Medicinal Cannabis
Drug testing method used in Australian workplaces — including Urine (AS/NZS 4308) and Oral fluid (AS/NZS 4760) — detect THC. These tests do not differentiate between recreational and medicinal use.
Key concern:
If an employee tests positive for THC, even with a prescription, they may be deemed unfit for work, especially in high-risk roles where zero-tolerance policies apply.
Employer Responsibilities
Employers have a duty of care to ensure a safe work environment. That includes identifying and managing risks related to drug and alcohol use — including prescription and non-prescription medication that may impair performance.
You should:
- Have a clearly defined Drug & Alcohol Policy that addresses medicinal cannabis
- Ensure all staff are trained in Reasonable Suspicion / For Cause procedures
- Conduct regular Drug & Alcohol Awareness Training for both workers and supervisors
- Document how you assess fit for work, not just test results
High-Risk Industries: Zero Tolerance?
Industries like mining, construction, rail, and heavy transport often operate under strict zero-tolerance rules due to the safety-critical nature of the work. In these settings, any presence of THC — prescribed or not — may disqualify a worker from duties.
The Office of the National Rail Safety Regulator (ONRSR), for example, enforces tight standards that prioritise safety over medication use.
Educating Your Workforce
Confusion around medicinal cannabis is growing. Workers may believe that a prescription protects them from disciplinary action — but this isn’t always true. Providing clear, practical education and training helps:
- Prevent misunderstandings
- Reduce liability
- Promote a safer work culture
At DAATA, we offer:
- Customised Drug & Alcohol Awareness Training
- Manager Training on For Cause / Reaonable Suspicion Assessments
- Policy and Procedures Review & Compliance Audits
Medicinal cannabis use is a complex issue that blends health, legality, and safety. Employers must stay informed, review their policies, and train their teams to manage these evolving risks.
Need help reviewing your policy or training your workforce?
DAATA has helped businesses across Australia navigate the legal and safety challenges of drug and alcohol use in the workplace.
Contact us today to ensure your business is prepared and compliant.
