LEGALLY SPEAKING: Legality regulating use of cannabis from an employment view.
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We all remember the unbe-weed-able 2018 Constitutional Court case of Minister of Justice and Constitutional Development and Others v Prince and Others which dramatically altered the legal position regulating the private and recreational use of cannabis. The court ultimately held that prohibiting the cultivation or use of cannabis in an individual’s private capacity was inconsistent with the Constitutional right to privacy and was, accordingly, declared to be constitutionally invalid.
Although cannabis users were mellowed by this decision, the same could not be said for employers. When one analyses the way in which the practical implications of this declaration would be rolled out and potentially affect the employment landscape, it became clear that there was a cloud of confusion over shadowing to what extent (if any) employers could regulate the use of cannabis by their employees. Bluntly speaking, employers are well aware of the extent to which their employees can inhale the “highs” of the Prince decision, however, this leaves us with the question: what is the legal position regulating an individual’s use of cannabis from an employment perspective?
Although cannabis users were mellowed by this decision, the same could not be said for employers. When one analyses the way in which the practical implications of this declaration would be rolled out and potentially affect the employment landscape, it became clear that there was a cloud of confusion over shadowing to what extent (if any) employers could regulate the use of cannabis by their employees. Bluntly speaking, employers are well aware of the extent to which their employees can inhale the “highs” of the Prince decision, however, this leaves us with the question: what is the legal position regulating an individual’s use of cannabis from an employment perspective?
