Employers are urged to update their workplace policies to adapt to the changing legal landscape surrounding cannabis use in South Africa. Following the 2018 Constitutional Court decision that decriminalized private cannabis use for adults, there has been confusion, especially in workplaces, about when and where cannabis can be used.

Recently enacted legislation, such as the Cannabis for Private Purposes Act, of 2024, aims to establish clear guidelines for adults regarding private use, possession, and cultivation of cannabis. This legal shift forces employers to relook their policies to ensure compliance and workplace safety.

While the new law permits adults to use and grow cannabis in private settings, it strictly prohibits public consumption and sales. Penalties for exceeding legal limits on possession or cultivation are severe, reinforcing the need for clear workplace guidelines.

Employers are advised to consider treating cannabis similarly to alcohol rather than illicit substances in their policies. This approach includes adopting reasonable measures to ensure that employees are not impaired at work, balancing safety with respect for privacy and dignity.

For workplaces involving heavy machinery or safety-sensitive roles, maintaining a zero-tolerance stance on substance use may remain necessary. However, policies must be fair and proportionate, reflecting the specific safety requirements of each workplace.

Proactive policy updates are essential for employers to navigate the complexities of legal cannabis use while maintaining a productive and safe work environment for all employees.