Do I have to tell my employer that I am a medical cannabis patient?

What are your legal obligations?

In the UK, most people are not legally obligated to disclose to their employer any medications they have been prescribed.

Medical cannabis is no different. It is a completely legal treatment option here in the UK, as long as a specialist doctor who is listed on the General Medical Council’s Specialist Register has prescribed it.

In the UK, disability discrimination protections cover medical conditions and prescribed medications. Under the Equality Act of 2010, employers are required to take reasonable steps to support employees at work. This includes making necessary work adjustments and safeguarding employees from harassment and discrimination.

Unless your prescribed medication affects your ability to perform your job safely and effectively, you are not obligated to disclose it to your employer - but there are a few caveats to keep in mind.

Exceptions to this rule

While most Releaf patients are not legally required to disclose their medical cannabis prescription to their employer, there are a few exceptions to this rule. The first thing you should do is read your employment contract so you have a full understanding of your rights and responsibilities. 

You may need to tell your employer if:

• Your employment contract requires you to declare any and all medications

• Your job involves safety-critical tasks (such as operating heavy machinery, working at heights, or handling hazardous materials, etc.)

• Your medical condition may impact your ability to perform your job safely and effectively

• Your employer has a specific drug policy in place that includes medical cannabis

• You are subject to workplace drug tests

If any of the above apply to you, then you may need to have a chat with your employer about your medical cannabis prescription. Not doing so may result in disciplinary action or even termination of your employment.

What is the best way to approach this conversation with your employer?

If you do feel that you need to have a conversation with your employer, we suggest the following:

• Make a plan - Don't go into the meeting underprepared. Your employer may have questions about medical cannabis, so make sure you have done your research and can confidently answer them. You could point them in the direction of all of our 'New Patient' blogs, a great starting point for anyone interested in learning more about medical cannabis in the UK.
• Ask for a private meeting - It's important to have this conversation in a private setting,, and at an appropriate time. Explain that you would like to discuss a sensitive matter and that you would like to have this conversation in confidence, or perhaps ask for a witness to be present, especially if you are worried about the response your employer may have. 
• Prepare documentation - We recommend gathering any and all documentation related to your medical cannabis prescription, including a copy of your prescription and any relevant doctor's notes. These can help support your case and provide necessary information to your employer. We can help you with this. Reach out to support@releaf.co.uk if you need any assistance.
• Be honest and open - Explain to your employer why you have chosen medical cannabis as a treatment option and how it has positively impacted your health. This can help alleviate any concerns they may have.

Is taking medical cannabis at work illegal?

Again, there are nuances to this answer.

It is not illegal to take medical cannabis at work, as long as it does not impair your ability to perform your job safely and effectively.

Your employer may be required to make reasonable adjustments to support your medical needs, such as providing a safe space for you to administer your medication.

Can I fail a drug test if I am a medical cannabis patient?

Yes, most cannabis-based medications contain THC, which is screened for in workplace drug testing.

The length of time that THC stays in your system is dependent on a wide range of factors, but even if you are totally unaffected by your medical cannabis treatment at work, you may still fail a drug test.

Explore our full ‘New Patient’ blog series for answers to all the more frequently asked questions. You can also visit our full blog and education hub for in-depth insights on all things UK medical cannabis.