Some employers may come across an employee who has been legitimately prescribed cannabis-based medicines. However, for most employees the act of taking cannabis will be a breach of Misuse of Drugs Act 1971 under which it is registered as a class B substance.
Who can provide medicinal cannabis
Formerly only the Secretary of State could provide a licence to manufacturer medical cannabis based products. This position was re-examined by the Chief Medical Officer in 2018 and it was determined that there was medical evidence to support the use of medically prescribed cannabis products. The Government then passed the Misuse of Drugs (Amendments) (Cannabis and Licence Fees) (England, Wales and Scotland) Regulations 2018. The legislation gave a legal classification of what constituted a cannabis-based product for medical purposes. To be prescribed these cannabis-based products the patient must go to see a specialist medical practitioner on the Register of the General Medical Council. Some patients may also obtain these products in medical trails. The specialist must only prescribe these cannabis-based products if there is a necessity which cannot be satisfied by any other current licensed medicines and all recognized clinical therapies have been undertaken.
What should you do
If you encounter an employee with the above situation employers should assess the situation very carefully. The employee consent should be obtained and he or she should have her medical history investigated by a suitable qualified occupational health professional. The employer will also need to assess the employees’ health and safety and that of other employees in the workplace. Employers should look to update their misuse of drugs and alcohol strategy as such employees may potentially be classed as disabled under the Equality Act.
Quest can assist you and help you update your HR and Health and Safety policies and guide you through difficult legal situations. Should you have any questions please contact our advice line team on 01455 852028.
The article is for general information purposes only.
