Use of Medical Cannabis in the Workplace

Medical cannabis use in Israel is permitted only when used with a valid license or prescription, in accordance with the Dangerous Drugs Ordinance [New Version], 5733—1973 and its implementing regulations, and only for medical indications approved and published by the Israeli Ministry of Health.

Over the past several years, there has been a significant increase in the number of patients treated with medical cannabis, along with the scope of use, accompanied by more accessible and efficient licensing processes. As shown below, this trend presents employers with new workplace management and compliance challenges. The issue has become even more acute in light of the significant increase in the number of patients treated with medical cannabis, for both physical and mental indications, following the Swords of Iron war.

Why this is relevant for employers:

The fact that an employee’s use of medical cannabis is permitted under a license or a prescription does not grant an employee the right to use it in any setting or while performing any role. Medical cannabis licenses and prescriptions also include explicit conditions and restrictions.

Accordingly, employers must navigate a careful balance between:

• The employer’s obligations to maintain a safe work environment and to meet regulatory obligations; and
• The employee’s rights, which includes the rights to privacy and equality, are included under the provisions of the Equal Rights for Persons with Disabilities Law, 5758-1998, which prohibit discrimination in the workplace and require employers to provide necessary accommodations, absent undue burden.

Key issues to consider:

• The employee’s fitness for a particular role, especially in roles that require operation of vehicles or sensitive roles where stricter rules may be required, including an absolute prohibition of use during working hours.
• The balance between the employee’s medical privacy and the employer’s duty to ensure safety and to maintain a professional and proper operation of the business.
• The formulation of a clear internal policy regarding substance uses in the workplace, including specific reference to employees with a license or prescription for medical cannabis.
• Reference to various methods of administering medical cannabis (i.e., smoking, vaping, or oral administration) present different operational and safety considerations and may affect what is practicable (or permissible) in particular workplace environments.
• Setting clear boundaries regarding medical cannabis use in the workplace and the possibility of allocating designated medical cannabis use areas where necessary.

Recommended actions:

As mentioned, use of medical cannabis under a license or a prescription does not eliminate the legal and organizational challenges that it creates. The most important first step is to recognize the existence of the issue and its complexity, and to proactively plan for it.

We recommend that employers consider formulating a clear policy that will provide legal certainty, reduce risk and potential exposures, and maintain a balance between employee rights, the employer obligations, and operational business needs.

Such policy should include, amongst other matters:

• Reference to the relevant legal provisions and case law, which are updated from time to time;
• Accepted practices in the industry; and
• Practical recommendations for risk management and clear procedures.

We would be pleased to assist you in formulating a policy tailored to your organization, in preparing procedures, trainings, and advising on complex legal issues that arise.

As this is a rapidly developing area with constant new and emerging challenges, we invite you to subscribe to our departmental client updates to stay informed of ongoing developments.

Sincerely,

Cannabis Desk & Labor Law Department