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ARTICLE · 17 JUNE 2020

Will drug testing be thrown out the window?

If recreational use is legalised, employers will need to take care when enforcing drug & alcohol policies & testing employees.

New ZealandEmployment and HR

The landscape is changing, with medicinal cannabis now legalised and an upcoming referendum testing the appetite for the legalisation of personal use of cannabis.  So, what is the impact on drug testing in the workplace, and the systems that employers already have in place?

The Misuse of Drugs (Medicinal Cannabis) Regulations 2019 came into force on 1 April 2020.   These regulations allow individuals to obtain a prescription for medicinal cannabis from their doctors.  Although the legislation initially proposed the need for a specialist sign-off, the regulations, now in place, allow all general medical practitioners to prescribe medicinal cannabis to their patients.   This is an important development that employers need to be aware of, as employees could now be validly using medicinal cannabis.

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