In the Australian state of Victoria, workplace drug testing has put thousands of medicinal cannabis patients at risk of unfair dismissal due to outdated and inconsistent legislation says Legalise Cannabis Victoria .
WorkSafe is Victoria’s workplace health and safety regulator. The agency’s guidance on workplace alcohol and drug policies was last updated in 2012, which was 4 years before medical cannabis was legalised in Australia.
Many current workplace drug tests only screen for the presence of illicit drugs, without a way to discern between medicinal and illicit cannabis. This means workers prescribed medical cannabis can face penalties including losing their jobs for testing positive for just a trace of THC and even if they are unimpaired.
“To avoid losing their jobs, many workers will stay on more addictive and impairing medications such as benzodiazepines and opioids, because these are often not tested for,” says Legalise Cannabis Victoria MP David Ettershank.
In 2024, Legalise Cannabis Victoria initiated a parliamentary inquiry that put forward reform recommendations — and the government’s response is now 6 months overdue.
Among the 7 recommendations was WorkSafe update its advice on alcohol and other drug policies with information on medicinal cannabis, and that it be treated in the same way as all medications that may cause impairment. Another is that the Equal Opportunity Act 2010 be amended to clarify that discriminating against a worker taking a prescribed medication is prohibited.
On 30 July 2025, Parliament will debate the party’s motion calling on the state government to act immediately to address the issues, and Legalise Cannabis Victoria is calling for patient stories.
“Telling real stories is powerful — we saw that last year with medicinal cannabis and driving. We want to let everyone know how unfair the current laws are, and the impacts they have on honest Australians.”
The party is also urging patients to write to Victorian Premier Jacinta Allan, Minister for WorkSafe Ben Carroll and Attorney General Sonya Kilkenny to urge them to support the changes, and has provided a template for doing so.
“Together, we can end medical discrimination in the workplace,” the party says.
Further information is available on the party’s Protect Patient Rights webpage.
