30 July, 2025
FOR IMMEDIATE RELEASE
A motion committing the government to ‘progress’ reforms to workplace laws that discriminate against medicinal cannabis patients has passed the Upper House of the Victorian Parliament.
Legalise Cannabis MP David Ettershank introduced the motion based on recommendations from a parliamentary inquiry into workplace drug testing. It has the support of AFL coaching greats Damien Hardwick and Alastair Clarkson, both prescribed medicinal cannabis.
“More than two million medicinal cannabis scripts have been issued nationally since 2020, but sadly, unimpaired Victorian workers are losing their jobs because tiny trace elements of the cannabinoid THC can be detected by a workplace drug test” Mr Ettershank said.
The parliamentary committee inquiry came up with seven recommendations to end unfairness toward workers prescribed medication, including medicinal cannabis.
Today’s motion calls on ‘the government to promptly progress these important reforms’.
Mr Ettershank said the Allan Government must amend the Occupational Health and Safety Act 2004 and Equal Opportunity Act 2010 to stop unimpaired workers from being sacked or victimized for taking their medication.
“The vote today was encouraging, we look forward to seeing legislation and regulation from the Allan government in the very near future to address these workplace drug testing issues,” he said.
“Yesterday, Federal Health Minister Mark Butler said workers undergoing medical treatment must be protected and that it’s time to have the debate about changing workplace laws. I hope today’s vote is a real commitment from the government for change.
“I was very disappointed to hear that some workplaces, not required to do mandatory testing, are choosing to test, and replacing long-time workers testing positive to the cannabinoid THC with casual workers.
“Also, WorkSafe desperately needs to update its guide to alcohol and other drugs to include medicinal cannabis. Unbelievably, the guide hasn’t been updated in 14 years, medicinal cannabis was legalised nine years ago!
“No one should be impaired at work but it’s just outrageous that workers – not impaired – face disciplinary action for taking their medicine – a medicine that alleviates pain, helps them get a good night’s sleep, and arguably helps them do their job better.
“Drug testing should only be undertaken in the context of a comprehensive AOD framework developed by employees, unions and employers. If drug testing is required, it must be done in a manner that is respectful,” Mr Ettershank said. “It is critical that WorkSafe works with employers and unions to develop a Compliance Code for Alcohol and Other Drugs to ensure a contemporary, health based approach to AOD in the workplace.
Employers don’t realise medicinal cannabis is safe
Mr Ettershank also called for more education around the efficacy and safety of medicinal cannabis.
“Workplace drug testing aims to keep workers safe, but in truth, bad testing policies can have the opposite effect. If a worker is scared that they will be sanctioned for taking their medicinal cannabis, they may revert instead to stronger medications, including opiates and benzos,” he said.
“Employers want some clarity around this issue, too. No employer wants to discriminate against their workers.”
Last year, Legalise Cannabis successfully lobbied the Allan government to introduce a legal defence to spare medicinal cannabis patients from automatic loss of licence if they fail a roadside drug test.
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