The main purposes of this act are to provide for the medicinal use of products derived from cannabis by establishing a scheme for the supply to, and treatment of, Victorians in exceptional circumstances and with specified conditions with approved medicinal cannabis products of reliable quantity and known composition. The legislation also provides for the lawful manufacture of medicinal cannabis products.

It has established an Office of Medicinal Cannabis responsible for the regulation of clinical and manufacturing aspects of the medicinal cannabis framework. This office will be developing and publishing educational material about medicinal cannabis, eligibility and regulatory requirements for participation in the schedule.

New South Wales has now also passed legislation that makes certain cannabis-based products allowed for medicinal use in appropriate cases; for example, in treating chemotherapy induced nausea and vomiting. Under the policy, doctors have to apply to relevant authorities in order to prescribe cannabis-based products. These changes were made with the Poisons and Therapeutic Goods Amendment (Designated Non-ARTG Products) Regulation 2016 (under the Poisons and Therapeutic Goods Act 1966) and came into effect on 1 August. There are no changes to laws criminalising recreational use of cannabis.

The use of medicinal cannabis is still illegal in the Commonwealth, South Australia and the Northern Territory. However, it is becoming a reality in Australia and brings with it a range of other issues around the use of legal or even prescription drugs in the workplace.

All employers have a duty to provide a safe and healthy workplace and a responsibility to minimise risks within the workplace. Drugs in any workplace, whether they are prescribed or illicit, alter body state and as a result may adversely affect workplace health and safety. For example, most of us are aware that antihistamines are known to cause drowsiness or dizziness and therefore can be a significant risk when performing dangerous tasks.

Consider your drugs and alcohol policy. Do you have one? Drug and alcohol policies should be reviewed and updated regularly – maybe take this opportunity to check these policies.

If you have a policy, you probably have enunciated a zero tolerance for drugs used at your workplaces and for people who may be under the influence of alcohol or other drugs while at work. What do you do if you have an employee who is prescribed medicinal cannabis to treat their condition? What measures do you need to put in place?

If you need any assistance in relation to development and implementation of a suitable drug and alcohol policy, or a review and update of your existing policy, please contact the Victorian Chamber's HSE team today on 03 8662 5333.