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Can you be sacked for taking prescribed CBD?

A prescription does not automatically protect you. Workplace tests look for THC, and reported tribunal cases turned on the policy, disclosure and a fair process.

Facts checked 13 November 20263 min readHow we research

It depends on the facts, and a prescription does not automatically protect you. Workplace drug tests look for THC, not CBD, but many CBD products contain some THC, and reported tribunal cases suggest a prescription does not excuse a positive result under a policy based on cut-off levels.12 This is general information, not legal advice.

What do workplace tests look for?

Urine tests under AS/NZS 4308:2023 target THC-COOH, the substance the body turns THC into. Saliva tests under AS/NZS 4760:2019 target THC. CBD is not a target in either standard’s drug classes.31 These details come from testing-industry summaries, because the standards are paywalled.

A Schedule 4 “CBD-only” medicine must be at least 98% CBD by cannabinoid content, and the remaining 2% can include a little THC.4 In a controlled study, pure CBD caused no confirmed positive urine tests, but CBD-dominant cannabis with a small amount of THC did in two of six people.5

What happened in reported cases?

We have not read the decisions themselves. The pattern below comes from union and employer-association reports.

  • In a 2024 case, the dismissal of a worker who used prescribed medicinal cannabis and tested positive was upheld. Not disclosing the medicine counted against the worker.2
  • In a 2025 Full Bench decision ([2025] FWCFB 69), a council worker had told the employer about a CBD prescription and later moved to a product containing THC. The dismissal was found unfair.6
  • In another 2025 case, a worker who tested positive for THC was awarded compensation where site policies conflicted.7

These cases involved THC. We found no reported case about a worker on a CBD-only medicine who tested negative for THC.

Do you have to tell your employer?

There is no single national rule we can point to. Western Australia’s safety regulator says a worker “in a role where impairment may present a risk” has “a responsibility to notify your employer that you are taking a prescribed medicinal cannabis product”.8 Many workplace policies also require workers to declare medicines that could affect safety. How discrimination law applies is outside what our research covered.

What can you do?

  1. Read your workplace drug and alcohol policy.
  2. Ask your prescriber whether the product is Schedule 4 or Schedule 8, and how much THC it contains.
  3. Tell your prescriber what your job involves.
  4. If unsure whether to disclose, get advice from your union, a legal service or the Fair Work Ombudsman.

CBD can also cause drowsiness, which matters in safety-sensitive work.8 See CBD side effects.

Read the full guide: CBD at work.

Footnotes

  1. Alcolizer Technology. What are the Australian Standard drug class screening cut-off levels? (industry summary of the standards). https://alcolizer.com/what-are-the-australian-standard-drug-class-screening-cut-off-levels/ ↩ ↩2

  2. Victorian Trades Hall Council, OHS Reps. Worker lawfully dismissed for medicinal cannabis use. https://www.ohsrep.org.au/regulator_news_sn_730_worker_lawfully_dismissed_for_medicinal_cannabis_use ↩ ↩2

  3. Standards Australia. AS/NZS 4308:2023, Procedures for specimen collection and the detection and quantification of drugs in urine. https://store.standards.org.au/product/as-nzs-4308-2023 ↩

  4. Australian Government. Therapeutic Goods (Poisons Standard, October 2026) Instrument 2026. https://www.legislation.gov.au/F2026L01327/asmade/2026-09-30/text/original/pdf ↩

  5. Controlled study of urine drug test results after oral and vaporised pure CBD and vaporised CBD-dominant cannabis. Journal of Analytical Toxicology. https://pubmed.ncbi.nlm.nih.gov/31682266/ ↩

  6. Victorian Trades Hall Council, OHS Reps. Council’s cannabis appeal fails (reporting [2025] FWCFB 69). https://www.ohsrep.org.au/council_s_cannabis_appeal_fails_sn_762 ↩

  7. Australian Resources and Energy Employer Association. THC-positive operator wins $40k: site policies clash, 2025. https://www.areea.com.au/help/mining-reform/mining-publications/thc-positive-operator-wins-40k-site-policies-clash/ ↩

  8. Government of Western Australia, WorkSafe. Medicinal cannabis in the workplace: information sheet, 2025. https://worksafe.wa.gov.au/system/files/documents/2025-01/BR_MedicinalCannabis_0.pdf ↩ ↩2

This page is general information, not medical or legal advice. Laws and evidence change; we show the date we last checked the facts at the top of every page. Talk to your doctor or pharmacist before starting, stopping or changing any medicine.

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