{"id":4829,"date":"2025-01-06T16:04:27","date_gmt":"2025-01-06T16:04:27","guid":{"rendered":"https:\/\/www.ditges.de\/?p=4829"},"modified":"2025-02-24T16:22:41","modified_gmt":"2025-02-24T16:22:41","slug":"cannabis-am-arbeitsplatz","status":"publish","type":"post","link":"https:\/\/www.ditges.de\/en\/cannabis-am-arbeitsplatz\/","title":{"rendered":"Cannabis in the Workplace: Legal Considerations for Employers"},"content":{"rendered":"
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With the legalization of cannabis in Germany, adults are permitted to possess up to 50 grams of cannabis for personal use at their residence or habitual abode and up to 25 grams outside these locations as of April 1, 2024. This development raises critical questions for employers: How should cannabis consumption be addressed in the workplace?<\/p>\n

Application of the Relative Prohibition of Narcotics<\/h3>\n

According to the explanatory memorandum of the law, cannabis is classified as a narcotic under Sec. 1 no. 8 of the German Cannabis Act (Konsumcannabisgesetz, KCanG). Consequently, workplace safety remains a top priority in occupational health and safety regulations. <\/span>Arbeitsschutzrechtes<\/b> bedeutsam: Die <\/span>Sicherheit am Arbeitsplatz<\/b> hat oberste Priorit\u00e4t.<\/span><\/p>\n

Under Sec. 15 para. 2 of the German General Accident Prevention Regulations (DGUV Vorschrift 1), employees must not consume alcohol, drugs, or other intoxicating substances in a manner that could endanger themselves or others. This relative prohibition applies equally to cannabis, particularly in safety-critical roles, even when consumption falls within the legally permitted limits. Employers are responsible for enforcing this prohibition and must intervene if cannabis use poses a risk to workplace safety. Notably, this applies even if consumption occurs outside of working hours. Moreover, cannabis prescribed for medical purposes is subject to Sec. 15 para. 3 of DGUV Vorschrift 1. However, unless explicitly mandated by law\u2014such as for bus and tram drivers or pilots\u2014there is no absolute prohibition of drugs in the workplace.<\/p>\n

Employers must also consider the public consumption ban under Sec. 5 para. 2 KCanG, which restricts cannabis use in specific areas, including near minors, schools, and pedestrian zones between 7 a.m. and 8 p.m. Additionally, the possession and consumption of cannabis by underage vocational trainees are strictly prohibited under Sec. 3 para. 1 and para. 2 KCanG.<\/p>\n

Company-Specific Regulations <\/h3>\n

Within these legal parameters, employers have the discretion to establish internal policies regarding cannabis use, tailored to their company's specific needs. However, such regulations must respect employees' fundamental rights. For example, a blanket ban on cannabis consumption during employees\u2019 leisure time is unlikely to be legally enforceable unless it demonstrably affects workplace performance.<\/p>\n

If a works council exists, regulations governing cannabis use can be formalized in a works agreement. This is particularly relevant as such company policies can fall within the works council\u2019s co-determination rights (Sec. 87 para. 1 no. 1 BetrVG and Sec. 87 para. 1 no. 7 BetrVG).<\/p>\n

Health Protection for Non-Smoking Employees<\/h3>\n

Under Sec. 5 para. 1 of the German Workplace Ordinance (Arbeitsst\u00e4ttenverordnung, ArbSt\u00e4ttV), employers must implement measures to protect non-smoking employees from exposure to smoke and vapors from tobacco, cannabis products, and e-cigarettes. This may include a general smoking ban or designated smoking areas, provided that such employer directives are reasonable and proportionate.<\/p>\n

Recommendations for Employers<\/h3>\n

Beyond workplace policies, employers may face further legal and practical challenges, such as:\n