Cannabis in the workplace

Since 1 April 2024, the use of cannabis has been legal for adults in Germany (Cannabis Act, CanG). This has implications for working life, as companies must now draw up regulations on how to deal with the legal substance during working hours (Occupational Health and Safety Act, ArbSchG).

Legal basis

The Cannabis Act (CanG) legalizes the private cultivation and consumption of cannabis. It allows adults to possess up to 50 grams of dried cannabis and to carry up to 25 grams in public. Possession of cannabis remains prohibited for minors. The public consumption of cannabis is restricted.

Effects on the workplace

The law does not explicitly regulate consumption during working hours. This leads to the situation that a beer during the lunch break may be prohibited, but a joint may be permitted as long as cannabis consumption does not have a negative impact on work performance. This also has an impact on occupational health and safety. Company prevention concepts need to be adapted in many places.

Recommendations for employers

Employers should take the following steps:

1. review current regulations: Companies should review their current company regulations regarding alcohol and drug bans.
2. update the regulations: If outdated regulations are found, they should be updated.
3. clear rules on cannabis: At least the following points should be regulated: Cannabis use in the workplace is prohibited without exception, including at company parties. It should be strictly forbidden to carry cannabis and, in particular, to pass it on in the workplace. It should be clearly regulated that working in a stoned state is prohibited.

Conclusion

The legalization of cannabis poses new challenges for employers. It is important to establish and communicate clear guidelines to ensure safety in the workplace and avoid legal problems