As the number of private prescriptions for medical cannabis rises in the UK, employers are increasingly confronted with new challenges in managing their workforce. Since the legalisation of cannabis-based medical products in 2018, healthcare professionals registered with the General Medical Council (GMC) can prescribe medical cannabis for various conditions. Research indicates that approximately 50,000 individuals currently hold private prescriptions for medical cannabis, primarily sourced from 33 private pharmacies, while NHS prescriptions remain limited to specific cases, such as chemotherapy or multiple sclerosis side effects.
With a diverse range of conditions qualifying for prescriptions—including anxiety, chronic pain, and migraines—employers must consider the implications of medical cannabis use in the workplace. It is important to understand that, despite the increase in legitimate medical use, cannabis remains classified as a Class B drug in the UK. Without a valid prescription, possession or use of cannabis is illegal, and self-medication is not a permissible defense.
Obtaining a private prescription for medical cannabis can be relatively straightforward. Many online clinics offer consultations and prescribe cannabis for numerous conditions, often with minimal medical verification. Patients typically need to demonstrate that they have tried at least two other treatments before being eligible. This ease of access raises concerns for employers regarding the legitimacy of prescriptions and potential misuse.
Employers should not assume that an employee has obtained a prescription without genuine medical reasons. Making such assumptions can expose employers to legal risks. Evidence from the NHS suggests that medical cannabis may help manage certain types of pain, with many users reporting significant improvements in their ability to work despite health issues. Cannabis is available in various forms, including oils and vaporized flower, each with different onset times for effects.
Recent tribunal cases have highlighted the complexities of managing employees who use medical cannabis. Most cases involve employees self-medicating without a valid prescription. However, one notable case involved an employee with a legal prescription who claimed discrimination due to an employer’s excessive inquiries about their medical cannabis use. The tribunal ruled that while it was reasonable to ask for the prescription, questioning the employee’s treatment plan was unnecessary and intrusive.
Employers face several key issues when considering medical cannabis use:
1. Drug Screening and Fitness Assessments: Routine drug testing is typically allowed only in safety-critical roles. Employers should establish clear policies that require employees in these positions to disclose any medication that may impair their ability to work safely. If a drug test reveals cannabis use, employers must verify the presence of a prescription and seek medical advice regarding the employee’s fitness for work. Employers must avoid assuming that any cannabis use is for recreational purposes, as this could lead to wrongful discrimination.
2. Substance Misuse Policies: Current policies may need revisions to reflect the legitimacy of medical cannabis prescriptions. Employers should specify that employees must disclose any medication that can affect their work performance, including medical cannabis. Sharing a prescription could breach company policy and lead to legal consequences.
3. Legitimacy of Prescriptions: Employers may feel more inclined to question medical cannabis prescriptions compared to other medications due to concerns about misuse. While verifying that a prescription is from a registered specialist is reasonable, challenging the prescription’s issuance or an employee’s responsible use is more complex. Employers often already have knowledge of an employee’s medical condition, making it essential to approach this matter cautiously.
4. Stigma and Discrimination: Employees using medical cannabis often face stigma. It is crucial for managers and HR personnel to recognize that medical cannabis is a legitimate treatment for health conditions, which may be classified as disabilities. Employers must avoid unjust discrimination based on an employee’s medical treatment and provide reasonable adjustments, such as allowing breaks for cannabis use.
5. Confidentiality: Under GDPR, medical information is classified as special personal data, necessitating careful handling. Employers must restrict access to medical cannabis-related information to those who need it for business purposes.
6. Role-Specific Issues: Employers must consider the legality of possessing cannabis in different jurisdictions, especially if employees travel for work.
In summary, the rising prevalence of medical cannabis prescriptions in the workplace presents various challenges for employers. Each situation should be evaluated individually, considering the specific context of the employee’s role. Employers are advised to seek specialist legal advice to navigate these complexities effectively.
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