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Since 2018, medical cannabis has been legally available on prescription through licensed clinics like Alternaleaf for 50+ conditions. You can find out if you’re eligible by completing the quick questionnaire on our website.
Some of these 50+ conditions include chronic pain, anxiety, depression and ADHD. We have lots of articles on our blog exploring how medical cannabis can offer a number of possible medical benefits for these conditions, backed up with evidence and sources. Although a lot more research is needed, there’s no denying the potential of this incredible plant.
Once prescribed medical cannabis, some people report how they’re finally able to get their lives back on track, and this includes returning to work. But, due to stigma, being a medical cannabis patient can come with some anxiety. So, below we’ll be exploring medical cannabis use at work, touching on the laws, safety considerations, drug testing, and medical cannabis and employment rights. And hopefully it’ll help put your mind at ease and equip you with what you need to work as a medical cannabis patient.
Medical Cannabis and the Equality Act 2010
Employment laws under the Equality Act 2010 (UK) generally protect employees who require prescription medications for medical conditions. And this includes medical cannabis in the workplace.
Employers must make reasonable adjustments to accommodate an employee's medical needs, which could include flexibility around treatment schedules. For example being given extra breaks to administer your medication. Or it could include understanding the potential side effects of medications and adjusting job roles accordingly. For example avoiding driving or using heavy machinery.
However, it's equally important to review your employment contract or company policies. These may include specific clauses related to disclosing medical information or restrictions that could be influenced by certain medications. For example if you’re operating heavy machinery, you need to disclose you’re taking medication for health and safety reasons. Transparency with your employer, within the bounds of your rights, can help ensure a supportive and compliant working relationship.
If in doubt, seek advice from HR or a legal professional to understand your rights and responsibilities fully.
Declaring Medical Cannabis Use to Your Employer
You don’t always need to share your medical information with your employer. But it is sometimes necessary to stay safe in the workplace. This can be especially true in jobs where part of your role is driving, operating heavy machinery, or if it involves heights. In these instances, an employer can request your medical information.
Whilst you can't be forced to share your medical information, if you are in a higher risk job, your employer can obtain a medical report under the Data Protection Act 2018. And this is to ensure the work environment is safe.
Like we said, you can’t be forced to share this information, but when safety is at risk, failing to disclose your medical information could mean you may not be eligible for reasonable adjustments under the Equality Act.
Taking Medical Cannabis in the Workplace
You are absolutely allowed to bring your prescribed medical cannabis to work - the same as any other medication. In fact, we encourage you to always keep your prescription and medication in its original packaging if possible. This just makes it easier to identify as a legally prescribed medication. You can find out more about this under section 5 of the Misuse of Drugs Act 1971.
It’s important to follow any medical cannabis workplace policies that your employer may want to set out upon you disclosing that you are a medical cannabis patient. As long as these policies are in line with the Equality Act 2010.
When it comes to legal medical cannabis use in the workplace, and actually consuming your medication, you need to be much more conscious and aware of the Health and Safety at Work Act of 1974 (HASWA). Essentially, using medication at work is okay, as long as it doesn’t affect the health, safety or wellbeing of you or anyone else in your work environment. And as long as you’re following the advice of your prescriber of course.
If you are thinking of consuming medical cannabis at work, and are looking for a method of consumption that’s a little more discreet, consider trying oils, edibles, capsules or vape cartridges (which often produce far less smell than flower).
Health and Safety Considerations with Medical Cannabis Use
The Cannabis Industry Council has some guidance for employees and employers on using medical cannabis at work. They lay out that when it comes to health and safety considerations, employers need to carry out and keep up-to-date risk assessments. These need to consider:
- Consumption method: For example medical cannabis vaporisers are a safe method of medication administration, and therefore excluded from current indoor smoking and vaping bans. Employers should also keep in mind that the vapour emitted from medical cannabis vaporisers is non-toxic, and doesn’t usually affect others, so should be allowed in the workplace.
- Impairment: Sometimes, medical cannabis can cause impairment, and this is where job roles that involve driving or operating heavy machinery for example, come back into play. To keep work environments safe, you cannot be impaired while doing jobs like the examples above.
However, our clinicians at Alternaleaf will work with you to build out a treatment plan that is suitable for your lifestyle. Taking your medication as prescribed, and following the advice above, should result in a stable treatment journey that allows you to work without feeling ‘impaired’.
If you’re ever unsure, seek legal help or speak to your HR department.
Medical Cannabis and Workplace Drug Testing
Employers can only conduct drug tests if the employee has agreed - it’ll usually appear in your employment contract or staff handbook. And drug tests only really happen in jobs that provide safety critical work. Because the main reason for drug testing in the workplace is to ensure health and safety.
It’s likely medical cannabis will show up on a standard drug test, especially if you’re consuming daily. But this shouldn’t be a problem if you’ve followed the steps above - informing your employer so they can make any reasonable adjustments.
FAQs
Can an employer drug test without notice in the UK?
Yes. But like we mentioned above, an employee must be informed about and consent to drug testing. You can usually find it in your employment contact, and it should be discussed upon hiring.
If it’s not in your employment contract, or something that’s never been discussed between you and your employer, they must give you notice, and have a valid reason for conducting the drug test.
What drugs are usually tested for in a workplace drug test in the UK?
- THC - which can be found in medical cannabis
- Cocaine
- Amphetamines
- Opioids
- Benzodiazepines
Summary
On the one hand you have workplace safety and medical cannabis. On the other hand, there’s medical cannabis employment rights. At the end of the day it’s up to you to make an informed decision about where you need to disclose medical information due to safety concerns. And thanks to employment rights, you should be able to work out with your employer the best course of action moving forward. Whether that’s switching roles where necessary, or being entitled to reasonable adjustments, so you can perform at work to the best of your ability in the safest way possible.
Remember the above is not legal advice. If you’re unsure about UK workplace medical cannabis laws, or have any further questions seek advice from HR or a legal professional to understand your rights and responsibilities fully. Communication is key; speak to your employer and work with them to understand the best way to proceed. Any good employer will support their employees and ensure everyone’s safety. It’s about working together to find the balance.
If you’re interested in medical cannabis treatment, head to the Alternaleaf website and complete our 30 second questionnaire to find out if you’re eligible.