Workers’ Rights and Medical Cannabis: The Role of Unions in Protecting Patients

By Rupa Shah, Head of Compliance at Releaf

The conversation around workers’ rights and medical cannabis is still at a very early stage in the UK.

Despite the fact that thousands of patients now access cannabis-based medicines legally through prescription, the framework remains poorly understood by many unions and employers alike.

Unions play an important role in advocating for employees and upholding their rights in the workplace. This is particularly important for those with chronic illnesses, disabilities or other factors that may affect their job or contribute to them experiencing additional challenges at work.  

However, awareness within unions of the UK medical cannabis framework, and the specific challenges which these patients experience, remains limited. In my experience, many union representatives are not yet confident in the legal and clinical details, which makes it difficult for them to advocate effectively on behalf of members. 

This lack of education is not unexpected given this relatively new area of medicine. However, engagement on behalf of unions has also been sporadic, and as of yet, have emerged as especially active in this space.

Medical cannabis patients often report challenges in the workplace as a result of the lack of awareness and limited education around CBPMs and the legality of these treatments. 

The most pressing workplace issues that come up are usually related to drug testing, stigma, and the absence of clear policies and processes to follow when an employee is prescribed cannabis-based medicines. 

Even when someone holds a valid prescription, the default assumption is often that cannabis use equates to impairment. This creates unnecessary barriers, particularly in safety-critical industries such as transport and construction, where the consequences of misunderstanding the effects of these treatments are especially serious.

Patients have been known to lose their jobs or have severe restrictions placed on them after disclosing their prescription to an employer, without any effort to understand the impact beyond assumptions about potential impairment. But equally, as with other controlled medications, patients in these industries have a responsibility to ensure they are up front about disclosing any effects which could be a health and safety concern. It is important to foster a culture where patients feel they can be open and transparent with their employer, and that they will be treated fairly.

Patients should not be left to fight these battles alone. 

At Releaf medical cannabis clinic, we see it as part of our responsibility to help patients navigate these challenges. We provide supporting documentation and guidance that patients can share with employers, and where necessary, we engage directly with HR departments to explain the legal position and help improve understanding. 

Sadly, I have yet to see any strong examples of unions updating their policies around medical cannabis as a direct result of engagement. Unions could – and should – play an important role in protecting the rights of medical cannabis patients in the workplace and there is significant potential, for those who are willing, to lead the way in this area. 

The most urgent area in need of clarification is workplace drug testing. Due to the length of time that THC can stay present in the bloodstream, particularly among patients who may be taking higher doses, it is important that employers understand the need to measure impairment, not simply the presence of a substance. Safety assessments, and the policies that underpin them in the workplace, must reflect that distinction.

Clinics can and should play a constructive role in helping to improve education, and in shaping workplace medical cannabis policies in line with this. By demystifying the law and providing evidence-based guidance, we can help unions and employers move from uncertainty to clarity. 

There are lessons to be learned from other controlled medicines, such as opioids, where workplaces have had to balance legitimate medical needs with safety requirements. A similar pragmatic approach to cannabis would ensure patients are supported fairly, without compromising standards.