Frequently asked questions
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Is medicinal cannabis legal in Australia?
Yes. Doctors have been able to prescribe it since 2016 through TGA access pathways, and more than a million Australians have been prescribed. Legality of the prescription does not, by itself, protect your job: workplace drug and alcohol policies still apply.
Can I be fired for using prescribed medicinal cannabis?
You cannot generally be lawfully dismissed solely for holding a lawful prescription, but you can be dismissed for breaching a reasonable drug and alcohol policy - most commonly by failing to disclose a medication that could affect safe work, or by exceeding testing cut-offs in a safety-critical role. The Fair Work Commission has upheld dismissals on exactly those grounds.
Does a prescription exempt me from workplace drug testing?
No. Testing policies apply regardless of whether use is prescribed or recreational, and most set detection cut-offs rather than impairment tests. A prescription explains a result; it does not excuse a policy breach.
Will CBD-only medication make me fail a drug test?
Workplace tests screen for THC, and pure CBD should not trigger them - but some CBD products contain small amounts of THC that can accumulate and register. Check the product's certificate of analysis and discuss it with your prescriber; never assume a CBD label means zero THC.
How long is THC detectable in workplace tests?
It varies enormously with product, dose, frequency and the person. Oral fluid testing under AS/NZS 4760:2019 uses a 15 ng/mL THC screening cut-off and generally detects more recent use; urine testing detects metabolites for days or longer in regular users. Detection is not the same thing as impairment.
Do I have to tell my employer about my prescription?
Check your drug and alcohol policy. Most require disclosure of any medication that could affect safe performance - and the case law treats that as an ongoing duty. Non-disclosure, partial disclosure and failing to re-disclose after resuming use are the most common reasons dismissals get upheld.
What should an employer do when an employee discloses a prescription?
Not discipline them for disclosing. Run a documented, case-by-case fitness-for-work assessment: the role's risk, the product and its THC content, dosing timing, medical input, and whether adjusted duties are reasonably practicable. That documentation is also the employer's defence to a discrimination claim.
What is the deadline to challenge a dismissal?
An unfair dismissal application to the Fair Work Commission must generally be lodged within 21 days of the dismissal taking effect. Extensions are rare. If you have been dismissed, get advice immediately.