What does this actually mean for labour
law?
Cannabis in the workplace: allowed or banned?
Although possession of cannabis is now legal (up to certain
limits), this does not mean that employees can work under the
influence of cannabis. Even if there is no absolute ban on
drug use either by law or by a corresponding employer
order, cannabis
consumption can be prohibited during the
time before starting
work, during breaks, and during the
working time itself. What is always relevant is whether the
employee is still able to perform the job duties with the
care required under the employment contract. This is comparable to
consuming alcohol at work. Further legal obligations
apply in certain professions, for example with regard
to the fitness to drive of professional drivers
or where duties of care are exercised towards third
parties, such as in schools or care facilities.
