2018-09-18

Dagga decriminalised - what happens now at work?

A few hours ago the Constitutional Court ruled unanimously that the ban on the private use and cultivation of dagga at a private home is unconstitutional.  It means you can grow, and use, dagga in your own home only.  Cultivating dagga for personal consumption only is permissible.  This will continue until the relevant laws are amended.

What is relevant is:
*  It is for private use only in your own home.
*  Cultivation is only for private use.
*  Use of dagga in public is still illegal.
*  It is still illegal to sell dagga to minors.
*  It is still illegal for minors to use dagga.
*  Current cases are put on hold for the time being.
*  There is no word on the status of people with criminal records.

But what happens at work?
Your substance abuse and use policy and rules still apply.  Dagga would fall into the same category of alcohol.  Both are legal, although Dagga much more limited than alcohol.  Zero tolerance for being under the influence of drugs and alcohol will continue.  The private use of dagga by an individual has been decriminalised, but being under the influence is still not acceptable at work.  In the same way: being under the influence of alcohol is unacceptable, and still is subject to the disciplinary code.

Openly smoking dagga at work is not permitted, as well as the sale and distribution of dagga - the ruling refers only to personal and private use.  The workplace would be public spaces in which dagga cannot be smoked.  

Dagga can be detected in somebody’s system for weeks weeks after use. Employees should be educated about the new ruling, and the rules of the company’s zero tolerance approach specifically.  The zero tolerance regarding drugs and alcohol is still valid.

It would probably be best to deal with this this your Employment Equity Committee.

If you need any help - give us a shout:
Michele Jefferies: 082-445-5227 or Mark Kerruish: 061-434-0870

Mark - 09:51 @ common, Industrial Relations, Human Resources, B-BBEE | Add a comment

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