Image designed by Cannabis Club Australia. Earlier this year, a Brisbane worker was sacked after testing positive for THC—the psychoactive compound in cannabis—during a routine drug test. Despite having a prescription for medicinal cannabis, the Fair Work Commission upheld his dismissal, citing safety risks given his role operating heavy machinery.
Since medicinal cannabis was legalised in 2016, prescriptions have surged, reaching nearly a million by 2024. However, legal protections remain unclear. Workplace safety laws don't yet fully address medicinal cannabis use, especially in safety-sensitive roles, leaving employees like Mr Gauci in a policy grey area. He didn’t disclose his prescription, fearing job loss, but his employer's strict drug and alcohol policy required it, which ultimately contributed to his dismissal.
Employment lawyer Belinda Winter notes that measuring impairment from THC is complex, with many factors affecting how long it stays in the body. She advocates for clearer regulations to address impairment testing for medicinal cannabis, especially in cases where employees aren’t in safety-critical roles. As medicinal cannabis use grows, clearer guidelines will be vital to balance workplace safety and fair treatment.
Comments