Cannabis in the workplace: what employers should know 

Consuming and possessing cannabis is now legal for adults under certain conditions. This raises the question for employers: What legal rules apply in the workplace? Does it make sense to establish individual rules for your own staff and, if so, what should they be?

Consumption and possession of cannabis in 2025

Since 1 April 2024, the Consumption Cannabis Act (KCanG) has regulated when, where and how the possession and cultivation of cannabis is legal for adults in Germany.

Grundlage dafür war das CanG, das neue Gesetze – z. B. das KCanG – und Anpassungen in bestehenden Gesetzen zur Folge hatte, z. B. im BtMG, StGB oder der Fahrerlaubnisverordnung (FEV).

With regard to labour law aspects of liberalisation in the handling of cannabis, the KCanG is particularly relevant. According to this law, the handling of cannabis remains prohibited in principle, e.g. with regard to possession, acquisition, cultivation, trafficking or the import and export, as well as the administration of cannabis (see § 2 para. 1 KCanG).

The law only establishes exceptions and rules for the use of cannabis in certain situations. For example, possession of cannabis in public is limited to 25 g for personal use, consumption in public has legal limits and there are limit values for driving – similar to alcohol. This means that, above all, possession of cannabis is decriminalised.

Note: Use and intoxication were not illegal until early April 2024. Being under the influence of cannabis and working was not ‘illegal’ before that either.

Stoned at work, joint in your pocket: what does the law say?

But what rules now apply to the use of cannabis in the workplace?

This is not legally clarified. There is no legal prohibition on working while ‘intoxicated’. If, for example, employees come to work under the influence of cannabis and go about their work as usual, this is not relevant under labour law. However, it is one of their ancillary contractual obligations (§§ 241 para. 2, 242 BGB) not to become so intoxicated by cannabis consumption – or alcohol – that they can no longer properly perform the work they are contractually obliged to do. In this context, it is not relevant for a breach of duty whether the intoxication has resulted in a risk to themselves or to others.

Occupational safety and health law also does not explicitly address the issue of intoxication in the workplace. Here, too, the ‘only’ rule is that employees must not put themselves or others at risk by being intoxicated – including by cannabis (see Section 15 (2) of the German Social Accident Insurance Regulation 1).

However, this is not a legal innovation introduced by the KCanG in either case.

Important! If an intoxicated employee poses a potential danger to themselves or others, employers must remove this person from ‘circulation’ (§ 7 para. 2 DGUV Regulation 1).

And what about possession of cannabis in the workplace?

Possession of legal amounts of cannabis in the workplace is not prohibited by law. To put it bluntly: having a joint in your pocket at work is now just as legal as having a bottle of beer in your backpack. In this respect, the KCanG has indeed introduced a change here.

Important: Private trade in cannabis remains prohibited, § 2 I No. 4 KCanG. As a rule, ‘dealing’ at the workplace will therefore result in immediate termination. This is because the prohibitions under § 2 KCanG also extend to company premises – during and outside of working hours.

Rules for dealing with cannabis in the workplace

So when it comes to cannabis, a lot is now allowed in everyday life, which employers still don’t like to see, especially with regard to work performance and safety. After all, accident prevention is also an employer’s duty.

In order to ensure legal certainty in the company, it therefore makes sense to regulate the use of cannabis and alcohol in the company and to establish clear rules or bans on intoxicants for your own company.

Note: Such rules can apply to all employees or only to those who carry out ‘dangerous’ activities (driving vehicles, operating machinery, handling hazardous substances, etc.). However, a standardised rule – for example, an absolute ban on intoxicants – is recommended and provides more clarity.

But how do you implement rules like this?

Employers can impose a complete ban on intoxicants using their right of direction.

In the case of new employment contracts, a corresponding clause should ideally be included in the contract. For old employment contracts, supplementary agreements to the employment contract or a company agreement are recommended.

It should be stipulated that

• employees may not be intoxicated during working hours and may not consume cannabis in the company during working hours,
• consumption of cannabis in the company and on company premises is not allowed even after working hours, and
• possession of even legal amounts of cannabis in the company and on company premises is not allowed.

Can you be fired for cannabis use?

Nevertheless, dismissals for misconduct are possible due to a cannabis intoxication – even without individual regulations.

• If there are no individual regulations in the company, i.e. ‘only’ the law applies, then written warnings or ordinary terminations are possible if intoxication at work leads to a specific, negative impairment of work performance. If an employee is intoxicated at work but does not show any symptoms of withdrawal or poor performance, however, a (summary) dismissal for drug use is only lawful if the intoxication could become a danger (especially for professional drivers, when handling dangerous substances, etc.), according to the Federal Labour Court (Bundesarbeitsgericht, BAG).
• If the company has rules on the use of cannabis, the situation is clearer: anyone who violates existing rules is deemed to have breached their employment obligations and can therefore be issued with a written warning and, in the event of a repeated offence, dismissed for conduct-related reasons.

Important! In the event of serious breaches of duty, extraordinary termination is also possible!

Burden of proof on the employer

Employers should be aware that the burden of proof for the influence of drugs/alcohol and the resulting poor performance or breach of employment obligations lies with the employer.

This can lead to problems because employees should not have to undergo unannounced drug tests if there is no specific suspicion of consumption.

Employers should not ignore the issue

Ultimately, it is clear that employers should not ignore the issue and should proactively ensure that there is clarity within their own organisation on the issue of cannabis use.