Since the Constitutional Court judgement in 2018 pronouncing it is legal to consume, possess and grow a certain amount of cannabis “in private”, the Cannabis For Private Purposes Bill, once legislated, will help ‘clear the smoke’ of confusion surrounding this controversial practice.
Employers retain the right to regulate their workplace and therefore implement and enforce substance abuse policies (as with alcohol and other narcotics). These rights stem from public interest and business concerns, such as the interests of other employees, risks to safety, productivity, and company image.
In the case of Mthembu & others v NCT Durban Wood Chips  4 BALR 369, the CCMA Commissioner did hold that:
“Like alcohol where there is an inkling that such intoxication could impair one’s ability to work to the standard, care and skill required by the employer, the employer is entitled to discipline where the intoxication translates into an offence.”