There are increased detection rates of cannabis in workplace drug screenings, according to The Drug Detection Agency.

It attributes the rise to the proliferation of medicinal cannabis and easier access to the substance.

Glenn Dobson, chief executive at TDDA, says transport operators need to understand the risks associated with the use of medicinal cannabis within the workplace and address any issues immediately.

“We’re seeing cannabis trigger our testing devices regularly, which isn’t particularly new. What is new is that people in safety-sensitive workplaces then show up with a prescription for cannabis,” he says.

“But just because the substance is legal doesn’t mean it’s safe to take it and get behind the wheel of a 40-tonne truck.”

Proliferation
New Zealand’s Medicinal Cannabis Act came into effect in 2020. Growers and distributors needed time to meet the government standards in terms of product development and quality assurances.

TDDA attributes the gap between 2020 and 2023 detection rates to regulatory pressures, but now believes the situation is at a tipping point.

Employers need to understand how to grapple with the challenge of integrating this change into existing drug and alcohol policies.

TDDA recommends businesses take professional advice to understand the issue of medicinal cannabis within their workforce. Like any prescription medication, such as opioids or prescription painkillers, there needs to be clear guidelines on company and employee expectations.

Businesses must integrate professional guidance into their substance policies and update them to manage medicinal cannabis.

“Every business will eventually need to deal with substance issues, but having easy access to high-grade cannabis products will accelerate and amplify those issues. Kiwi companies need to update their drug and alcohol policies immediately,” says Dobson.

Employers must also carry out testing in a fair, compliant and transparent manner. “Employers have an obligation to ensure the safety of all employees in the workplace. But only if a good substance policy is in place will employees have an obligation to inform their employer of relevant prescription medications.

“If an employee is affected by medicinal cannabis at work, even if it’s prescribed, it may affect their ability to safely execute their duties,” says Dobson.

“The substance creates a minefield to navigate, and it poses a risk to the employee, their peers, the business and the public. Employers must understand these products can adversely affect cognitive abilities and motor function.”

Symptoms
THC, the psychoactive component in many medicinal cannabis products, impairs cognitive functions and motor skills, posing risks in any industry. Additional symptoms include issues with memory, attention, decision-making skills, poor judgement, mood swings and irritability.

“CBD or low THC forms of this drug are particularly problematic. If an employee has a prescription, it’s important to work with an MRO to understand if the employee’s needs are in alignment with the requirements for the role,” says Dobson.

Recommendations
TDDA recommends businesses review and update their drug and alcohol policies, and ensure policies are clear and effectively communicated. It also recommends education sessions for managers and employees alike, as well as enhanced training for supervisors to recognise risk in the workplace. Seek guidance from subject matter experts who understand your business and its requirements. If enacting a drug and alcohol testing programme, engage qualified third-party experts.

“Medicinal cannabis is here, and it’s in New Zealand’s workplaces. It can be a high-potency substance and it needs to be treated as one. It brings risk to any workplace. If someone is driving a company car, you need to have a plan to address the issue. Don’t get caught on the back foot,” says Dobson. Medicinal cannabis and the transport sector

What is medicinal cannabis?

Medicinal cannabis refers to a range of quality assured, pharmaceutical cannabis preparations intended for therapeutic use. It originates from the cannabis plant, also called marijuana.

It must be prescribed by a doctor to treat the symptoms of a medical condition or the side effects of a medical treatment (for example, chemotherapy). Cannabis preparations include tablets, oils, tinctures and other extracts. Medicinal cannabis products may be THC-based, CBD-based or both.

The cannabis plant contains 80 to 100 cannabinoids (ingredients). Two of these cannabinoids are Tetrahydrocannabinol (THC), which has strong psychoactive effects, meaning it makes a person ‘high’, and Cannabidiol (CBD), which is non-psychoactive and thought to have therapeutic benefits.

Recreational cannabis differs from medicinal cannabis in that it is illegal and is not a medicine.

Possible effects of cannabis use include: affected time and distance perception, inability to multitask, lack of motivation, inability to concentrate, poor coordination, short-term memory loss.

What’s legal?

• Medical cannabis is legal New Zealand-wide but must be prescribed by a doctor.
• Adult use (recreational) cannabis is illegal.
• It is illegal to drive with any THC in your system in New Zealand.
• Ability to drive legally with CBD depends on the cannabinoids in the prescribed product.

Prescription cannabis: Impact in the workforce

• Your drug and alcohol policy is key.
• Is the employee’s medicinal cannabis or the condition it is treating, affecting their ability to safely perform their duties?
• An employee may disclose to you, a manager or the HR department that they have a prescription for medicinal cannabis.
• A staff member may also disclose their medicinal cannabis prescription to TDDA.
• Consider potential implications of legally prescribed medicinal cannabis in drug and alcohol policies.
• Use an MRO to review laboratory results and assess fitness to work.
• Seek legal advice from an employment law specialist for detailed advice concerning your policies and procedures.