Legalise Cannabis Victoria has introduced a motion calling for reform of workplace drug testing laws it describes as outdated and unfair to medicinal cannabis patients.
The party will bring a motion before parliament on July 30, pushing for changes to workplace safety and anti-discrimination laws to protect workers carrying prescriptions.
It follows a state parliamentary inquiry into workplace drug testing, which made seven recommendations, including legislative reform and updates to WorkSafe guidance, to end discrimination against workers prescribed medication.
Legalise Cannabis MP David Ettershank said patients were losing their jobs after testing positive to cannabis, despite being unimpaired and legally prescribed.
“Almost two million medicinal cannabis scripts have been issued nationally since 2020 but sadly we know of workers who have lost their jobs because trace elements of THC were detected in a workplace drug test – they were in no way impaired,” he said.
“Increasingly, medicinal cannabis is being used as an effective but gentler and less addictive alternative to opiates and benzodiazepines.”
“Yet medicinal cannabis patients continue to face disciplinary action at work for taking their medicine – a medicine that helps them get a good night’s sleep, alleviates pain, and arguably helps them do their job better.”
He added that many workers were being forced to choose between their job and their health.
“Only a small number of industries are required to do mandatory testing under the law, yet many workplaces elect to do drug testing,” he said.
“Workers, prescribed medicinal cannabis, are being forced to choose between risking their job or abandoning their medication and living with pain.”
While last year’s inquiry called for reform, it also acknowledged employer concerns about safety risks – particularly in high-risk industries – and stressed the need to balance patient rights with the responsibility to keep workplaces safe.
Legalise Cannabis MP Rachel Payne said any reform needed to reflect current medical and workplace realities.
“The focus must be on impairment, not on detecting trace elements of THC,” she said.
“There are reliable tests including apps that measure impairment. Victoria’s workplace AOD policies must reflect contemporary, health-led approaches to occupational health and safety.”
Payne also criticised WorkSafe’s current guidance.
“Workplace drug testing aims to keep workers safe, but in truth, bad testing policies can have the opposite effect,” she said.
“If a worker is scared that they will be sanctioned for taking their medicinal cannabis, they may revert instead to stronger medications, including opiates and benzos.
“WorkSafe must develop a comprehensive alcohol and other drugs compliance code for businesses so that both employers and employees are protected.”