By Katherine Pretorius
Cannabis is legal to use privately in South Africa, but when it comes to your job, things get tricky. You might be lighting up at home completely legally, only to find out your boss isn’t too chill about it on Monday morning.
So, where does the law draw the line? Can an employer fire someone for using weed in their personal time while still at work? Here’s what you need to know about cannabis and workplace rights in South Africa.
Weed at Work: Still a No-Go
Let’s get one thing straight: using cannabis at work or arriving on the job under the influence is not protected, even if you’re legally using it for medicinal reasons.
Employers still have every right to maintain a zero-tolerance policy for being under the influence while on duty. It’s treated just like alcohol or any other mind-altering substance. If it affects your ability to perform or poses safety risks, you’re out of line.
But What About Off-the-Clock Use?
This is where things get more complicated. The 2018 Constitutional Court ruling made it legal for adults to use cannabis in private, but the workplace is a different arena. Employers still have the power to enforce drug-free policies — and in many industries, regular testing is part of the deal.
If cannabis shows up in your system during a workplace test, you could face disciplinary action — even if you weren’t high at the time. That’s because THC can stick around in the body for days or even weeks, depending on usage habits.
A Real Case to Know About
In 2022, the Labour Court dealt with a case involving an employee who was fired after repeatedly testing positive for cannabis. The employee claimed it was used outside work hours and cited the Constitutional Court ruling. The judge sided with the employer, saying the worker had been warned and that the company’s drug policy was clear.
Moral of the story? Until workplace laws catch up with cannabis law, companies can still dismiss employees for testing positive — even if the weed was used legally and privately.
Sidebar Tip: Private Use Is Legal — But Not a Shield
Just because it’s legal at home doesn’t mean it’s untouchable at work.
Employers are still allowed to:
- Set their own drug and alcohol policies
- Test employees for cannabis use
- Take disciplinary steps if performance or safety is affected
- When in doubt, check your company’s policy or HR manual — and if there isn’t one, ask for clarity.
How Do Drug Tests Work?
Most employers use urine or saliva tests to check for cannabis. The problem? These tests can’t prove impairment — they only detect past use.
So, if you smoked a joint on Friday night and got tested on Tuesday, you could still show a positive result even if you’re completely sober. That’s where much of the frustration lies: you’re being judged on presence, not performance.
Different Rules for Different Industries
Some jobs are stricter than others. If you’re in construction, mining, transport, or any role that involves safety-sensitive tasks, your employer is more likely to have tough policies around cannabis.
On the other hand, desk jobs or creative industries may be more relaxed — but it’s never safe to assume. Company culture and internal policies vary wildly.
Your Privacy vs. Their Policy
South African labour law tries to strike a balance between your right to privacy and your employer’s right to a safe, productive workplace. But at the moment, cannabis use still leans more toward a “don’t ask, don’t test” grey area — and unfortunately, there’s no clear protection if you do get tested and let go.
Until new regulations define what “being under the influence” really means for cannabis, it’s best to play it safe.
So, Can You Be Fired?
In short, yes, you can — depending on your company’s policies, your role, and how your cannabis use is discovered or handled. Legal personal use isn’t always a shield, especially when drug testing is involved.
The laws around cannabis in South Africa may have loosened up, but the workplace is still catching up. If you’re using weed responsibly in your own space, that’s your right — but don’t assume the same freedom applies at work.
So, Can You Be Fired?
In short, yes, you can — depending on your company’s policies, your role, and how your cannabis use is discovered or handled. Legal personal use isn’t always a shield, especially when drug testing is involved.
The laws around cannabis in South Africa may have loosened up, but the workplace is still catching up. If you’re using weed responsibly in your own space, that’s your right — but don’t assume the same freedom applies at work.
Until we see real clarity on cannabis and employment rights, the safest move is to:
- Know your company’s policy
- Avoid use before or during work hours
- Be aware of how long THC stays in your system
- Advocate for modern, fair workplace policies
Because let’s face it — being a responsible adult should include having the freedom to unwind without fearing for your pay slip.