Victoria’s Legislative Council has passed a motion urging the state government to implement recommendations from last year’s parliamentary inquiry into workplace drug testing, amid ongoing concerns that current protocols disadvantage patients.
The motion, introduced by Legalise Cannabis MP David Ettershank, argued that existing alcohol and other drugs testing practices focus on the presence of substances rather than actual impairment.
Ettershank said employees prescribed medicinal cannabis could return a positive test for THC long after use and while unimpaired, leading to disciplinary action or job loss.
“The detection of trace elements of a drug is not equivalent to impairment, and those trace elements can stay in one’s system for weeks,” he said.
“This is harming workers, causing uncertainty for employers and needlessly jeopardising Victorian workplaces.”
Legalise Cannabis MP Rachel Payne referenced a survey of 487 participants conducted as part of the 2024 inquiry, which found some patients were switching from cannabis to other prescribed medications due to fear of workplace repercussions.
“Employers need to meet employees where they are at, have an open mind about why they are being prescribed medicinal cannabis and discuss how appropriate accommodations can be made,” she said.
“The survey found that a failure to do so leads almost half of people to use other medications to replace medicinal cannabis.
“For some this means instead of using medicinal cannabis to manage pain, they are using other medications, like benzodiazepines, which have a much greater range of side effects.”
The motion passed 20 votes to 13 and called on the government to progress seven key recommendations from the report, which was published last August.
These included amendments to key legislation and updates to WorkSafe guidance – parts of which Ettershank said had not been revised since 2009, despite the legalisation of medicinal cannabis in 2016.
The government is yet to formally respond to the inquiry’s recommendations, with no timeline confirmed.
State government MPs supported the motion but described the issues as complex and said the recommendations were still under review.
“As much as we would love to have had a quicker response… it is more important that we get this work right rather than rush it,” Labor MP Michael Galea said.
Opposition MP Dr Renee Heath, who opposed the motion, acknowledged the need for patient protection but highlighted the absence of a reliable impairment test for THC.
“Our recommendation is to immediately develop robust guidelines specific to Victoria for detecting and managing THC-related impairment in high-risk occupations, ensuring a balance between employee rights and workplace safety,” she said.
The debate followed recent comments from Federal Health Minister Mark Butler, who said it was time to review workplace laws to reflect the growth of prescribed medicinal cannabis.
“The first principle must be people should be supported through their medical treatment,” he said on Channel Nine’s Sunrise program.
“There will obviously be questions about using heavy equipment and the like, but I think it is time to have that debate about updating our laws.”
Legalise Cannabis Victoria party manager Mira Fraser, meanwhile, said yesterday’s result was a good outcome for Victorian patients.
“It puts the onus back on the Victorian Government to make a decision and respond to the recommendations soon,” she told Cannabiz.