Akerman LLP has recently secured three commercial loans worth a combined $100 million for multistate cannabis operators in 2023, demonstrating a continued investment in the financing of cannabis companies.
The global medical cannabis industry was valued in 2020 at $16.5 billion and is only expected to grow in the coming years. This means that this industry and the effects of an inevitable increase in medical cannabis usage will need to be a consideration for employers sooner rather than later.
The use of medicinal cannabis is becoming increasingly prevalent around the world, including the UK. At the moment, medical cannabis is offered in the UK for adults primarily to treat vomiting and nausea caused by chemotherapy, and muscle stiffness and spasms caused by multiple sclerosis, with an estimated 337,900[1] medical cannabis users in the UK in 2024.
Certain industries will be affected more than others, particularly those sectors which must comply with strict health and safety regulations, and a balance needs to be found between protecting the rights of disabled employees with workplace safety.
In such highly regulated industries, there is a temptation to implement “zero tolerance” policies regarding drug use, however the implementation of such policies is inadvisable. Where such policies seek to subject employees to disciplinary proceedings if they test positive for drug use, the employer may make themselves vulnerable to disability discrimination if such drugs are prescribed and used as a result of a disability.
Employers need to be aware of several key considerations regarding the use of medicinal cannabis in the workplace, especially as its legal and therapeutic landscapes evolve. Understanding these aspects is crucial to navigate the complexities and ensure a balanced, lawful, and respectful approach to employee rights and workplace safety. Here's what employers should keep in mind:
- Legislation and Compliance: Stay informed about local laws regarding medicinal cannabis. Legal frameworks vary widely and are subject to change, impacting how employers can address cannabis use among employees.
- Workplace Safety: Prioritise safety by understanding the implications of medicinal cannabis use, especially in roles that involve operating machinery, driving, or other safety-sensitive tasks. Employers must balance the need for a safe work environment with the rights of employees using medicinal cannabis under a doctor's guidance.
- Disability Discrimination: Be cautious of discrimination against employees who are prescribed cannabis for medical conditions, as this could be considered a disability under certain laws. Employers should engage in interactive processes to provide reasonable accommodations where possible.
- Privacy and Confidentiality: When requiring disclosure of medicinal cannabis use, ensure that privacy and confidentiality protocols are strictly followed to protect employee information.
- Reasonable Accommodations: Consider reasonable accommodations for employees using medicinal cannabis, such as modifying work schedules, duties, or offering alternative roles that do not compromise safety.
- Education and Training: Educate management and HR personnel on the nuances of medicinal cannabis, including legal obligations, policy implementation, and handling accommodation requests.
- Policy Development and Communication: Develop clear, comprehensive policies regarding medicinal cannabis and communicate them effectively to all employees. Policies should cover aspects like usage disclosure, impairment at work, and the process for requesting accommodations.
- Monitoring and Review: Regularly review and update workplace policies to adapt to legal developments, scientific advancements, and societal attitudes towards medicinal cannabis.
By addressing these considerations, employers can create a supportive, safe, and compliant workplace that respects employee rights while maintaining operational integrity and safety standards.
Our Employment Law Team has a wealth of experience advising employers and employees on the policies and procedures around this matter. If you are a business or an employee facing a potential claim, give Nour Belal and her employment team, Victoria Furlong, Charlie-Anne Smith and Jordania Misson a call on 01256 844888 or email them via our inquiry form on our website.
[1] Medical cannabis in the United Kingdom (UK) - Statistics & Facts | Statista
[1] Medical cannabis in the United Kingdom (UK) - Statistics & Facts | Statista