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‘Baked’ at work? What can happen?

28 February 2023

Recently a client approached us with a concern arising from the well-known Minister of Justice and Constitutional Development & Others... v Prince & Others case wherein the use, cultivation and possession of marijuana were decriminalised. Our client was concerned that employees were arriving at work under the influence of cannabis, claiming that they are now constitutionally allowed to use cannabis and that as an employer he could do nothing about it. Is this true, and did the Prince case in effect also legalise the use of cannabis at the workplace?

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