Cannabis Legalization and Employment Law Implications

The act permitting the controlled use of cannabis and amending other regulations (cannabis act) went into effect on 1 April 2024. Accordingly, the cultivation, acquisition, and possession of cannabis in compliance with upper limits and protective regulations are no longer prohibited under criminal law. However, the consumption of cannabis may still have consequences under employment law. Therefore, HR would like to inform you of these consequences:

Consuming narcotics while working or taking up work while under the influence of intoxicants constitutes a violation of civil-service and/or labor law. This also applies to intoxicants that are legally available and/or excluded from the German narcotics act (e.g., alcohol and cannabis).

Specifically, the following applies:

Smoking is prohibited in University offices / buildings.

Smoking is prohibited in all University office buildings. This also applies to smoking products that contain cannabis. Violations can lead to fines and/or civil-service / labor law measures (such as official verbal and written warnings or firing). Consuming substances included in the German narcotics act is prohibited on all University premises.

Obligation to be fit for service

Employees must be fit to perform their duties throughout the entirety of their working time. Working under the influence of narcotics or consuming narcotics while working violate civil-service and/or labor-law obligations and can be punishable in compliance with civil-service and/or labor law. Your employer has a right to order a doctor’s exam to determine your fitness for work. Non-compliance with this order may also lead to civil-service and/or labor-law consequences.

Further possible legal consequences of consuming intoxicants

Occupational accidents: If, following a workplace accident, it is determined that the employee was under the influence of narcotics, this can have, among other things, significant consequences with regard to health-care, labor law, and disciplinary measures (e.g., loss of health insurance protection, lost of entitlement to accident care, civil-service and/or labor law consequences).

Harm to third parties: If third parties are harmed within the scope of their work because the employee responsible was under the influence of intoxicants, this can have, among other things, significant consequences with regard to liability law, criminal law, labor law, or disciplinary measures (e.g., financial regress, criminal proceedings, civil-service and/or labor law measures).

Breach of duty—supervisors Supervisors allowing employees who are evidently unfit for duty to work are in violation of their own duties. This, too, can have consequences with regard to liability law, criminal law, labor law and/or disciplinary measures, among other things.