No April Fool's joke: weed legal from Easter Monday

What do companies have to consider under labor law?

It has been official since last Friday: From April 1, 2024, the possession and consumption of cannabis will be legal in Germany within the legally prescribed limits.

After the Bundestag had already approved the controversial law on the controlled handling of cannabis (CanG) at the end of February, the Bundesrat has now also passed the law.

The new law raises many questions. In addition to the heavily criticized amnesty regulation (for old cases), the individual restrictions on cultivation and consumption are also opaque. On the other hand, the new developments also create legal entrepreneurial opportunities for companies in this sector.

However, partial legalization also raises employment law issues. What will employers have to consider in the future? What consequences does the CanG have for occupational health and safety? When does cannabis use constitute grounds for dismissal? As an employer, can I prohibit consumption in the office or even in private?

In future, it will no longer be out of the question to have a joint during your lunch break, but one thing must be clear: safety at work comes first! And companies must ensure this now.

Companies should therefore definitely update their risk assessment with regard to cannabis and consider whether the consumption of cannabis in the workplace should be expressly prohibited - as is often the case with alcohol consumption in employment contracts or other regulations. Theoretically, "smoking weed" at the workplace will be permitted in the future, provided the employer does not make use of its right to issue instructions.

Employers must also bear in mind that they have a duty of care. This means that they are responsible for the health and safety of their employees. A cannabis ban is therefore particularly advisable in companies where work is carried out with machinery or hazardous substances. It is also advisable to hold company information events for managers and the workforce as soon as possible in order to create clear transparency.

PBC legal takeaways: Companies should quickly consider whether and how they want to exercise their right to issue instructions and prohibit cannabis use in the workplace. Employment contracts or company agreements should be updated accordingly. In this way, employers will continue to guarantee and ensure safety and protection in their companies in the future in line with their duty of care.

We will be happy to advise you on this topic and support you in making the necessary contractual and operational adjustments to the CanG.