The Duty of Care Employers Owe Medical Cannabis Patients Copy

Chronic pain, the condition behind a large share of UK medical cannabis prescriptions, can meet the Act’s definition of a disability in its own right, depending on the individual case.

No new law required

The practical implication is that employers do not need a bespoke cannabis policy bolted on as a special case. They need their existing medicines, disability and occupational health processes applied to this medicine the same way they are applied to any other.

‘It should be managed through the same occupational health, medicines and reasonable-adjustment processes used for other established treatments. In practice, creating a separate punitive pathway just because the medicine is cannabis will simply increase stigma and legal risk.’ – Rupa Shah

This can, and should, be a collaborative effort between employer and employee. For example, a well functioning version of this process could see a patient flag where medication could affect workplace safety. This could be followed by an occupational health assessment for safety-sensitive roles such as HGV driving, and adjustments, not automatic exclusion, are the end result. 

Beyond reassurance

For the employee on the other side of that gap, the stakes are less abstract than a tribunal claim. The most common need Releaf Protect encounters is simply a fair hearing.

‘Employees should be able to have a calm, confidential conversation, an individual assessment and consideration of reasonable adjustments. Releaf Protect enquiries show that even basic reassurance that a prescription will be assessed fairly can make a big difference.’ – Rupa Shah

Reducing the stigma behind that anxiety is less about policy wording and more about helping managers to differentiate between a patient and a recreational user, a distinction Releaf has encouraged institutions like ACAS and police professional standards teams to consider. 

With this in mind, an employee prescribed medical cannabis should be viewed, and treated, no differently than an employee taking a prescription for a more common, controlled medicine. 

‘An employee should be given the opportunity to explain their prescription, and employers should ask for only necessary evidence. They should consider occupational health advice and record the reasoning. The process should be no less measured than it would be for opioids, benzodiazepines or any other medicine that could cause impairment.’ – Rupa Shah

The reflex to treat a medical cannabis prescription any differently than a codeine prescription is based in stigma, rather than a genuine difference in the underlying legal or safety question. 

You can read the first and second chapters in our ‘Medical Cannabis in the Workplace‘ series here.