The South African cannabis landscape is fairly confusing. While private use has been decriminalised, full legalisation has not been clearly implemented. As a result, many people have still been fired for having THC in their bloodstream. But can you actually be fired for having any THC at work?
We’re sorry to say this, but it’s a little more complicated than you’d expect. We’d love, just once, for the answer to be clear-cut. Unfortunately, until the government pulls its finger out, the Cannabis for Private Purposes Act, 2024, doesn’t offer the clarity many people assume it does.
Much of what exists right now amounts to guidelines rather than hard legal certainty. Shhh. Don’t give in to your inner troll, itching to revolt like a CapeTalk caller confronted with 11 items in a 10-item queue.
Instead, let’s turn to a reliable source for all things cannabis: Fields of Green For All.
You can also explore our cannabis education page for a clearer breakdown of how this all fits together.
The Problem with THC at Work
As you can imagine, lighting up a lovely joint at work isn’t allowed. Namely, due to the fact that it’s not a private residence, and a public area, where it is illegal to consume cannabis.
That said, THC works in mysterious ways. When companies ask employees to submit to a drug test, those who have exercised their right to private, after-hours use are often understandably reluctant.
This situation unfolds more than you’d expect (or we’d expected), but Ami Heystek, Assistant Director from Fields of Green For All, shares a quick TikTok detailing the ongoing issues with THC testing at work:
@amiwild420 Labour rights in SA. 🥦 Barloworld vs Enever is the case.
♬ original sound – amiwildone
If you’re not going to watch the TikTok, Heystek flags a few reasons why THC testing at work is such a mess. The big one: THC isn’t like alcohol. With spot checks, cannabinoids can stay in your body for days, long after the effects are gone, unlike booze, which clears in hours.
Right. Quick biology lesson, shall we?
Why Does THC Stay In Your Body?
THC isn’t like alcohol. Alcohol is a hit-and-run molecule. In, out, goodbye.
THC is a fat-loving homebody. The moment it enters your system, it doesn’t just float around politely. It dives straight into your fat cells, kicks off its shoes, and sets up a long weekend.
Also, the THC visiting your internal organs plugs into a system you already have: the endocannabinoid system. Yes, your body comes pre-installed with cannabinoid receptors. No update required.
This system helps regulate things like mood, appetite, sleep, pain, and stress. It works by using fat-based signalling molecules called endocannabinoids. THC looks a lot like those natural messengers, which is why your body recognises it and lets it in.
Your body stores THC because:
- Binds to cannabinoid receptors
- Gets stored in fat tissue, as THC is fat-soluble, not water-soluble
- Is released slowly over time
- Fat tissue releases the THC slowly, drip by drip
- And your liver breaks it down over time, not instantly
So even when the high has packed up and left the building, tiny THC metabolites are still being released back into your bloodstream.
That’s what drug tests pick up, not whether you’re actually impaired. The fact is that THC can be found in your bloodstream days after a cheeky vape session.
This means you can be found with THC at work, but it’s not affecting you in any way.
But people are getting fired for this?
Yes, which we’re here to tell you isn’t legal!
Enever Vs. Barloworld: A Case You Need To Remember
Before we discuss this case, let’s all say thank you to brave Bernie, a fighter for cannabis justice. With her case, we’re able to confirm something rare in the local cannabis world: ground rules are set.
Now! Let’s get into the setup about the case that said testing positive for “THC ≠ Guilt”.
The Setup
Bernie Enever worked for Barloworld, a big industrial heavyweight where safety rules are taken very seriously. Like many companies, Barloworld ran a zero-tolerance substance policy.
Enever tested positive for THC during a workplace drug test.
However, there have been no accidents, proof of unsafe behaviour, or evidence that she was high at work.
Just THC in her system.
Barloworld said: policy is policy. Positive test equals dismissal.
The Fight
Enever didn’t roll over. She challenged the dismissal, arguing something very simple but very powerful:
- Cannabis use in private is legal in South Africa
- THC can stay in the body long after impairment is gone
- A positive test does not prove intoxication or danger
- Her right to privacy and dignity had been ignored
Basically, they punished her for the echo of THC, not for unsafe behaviour or action.
Which, you know, is a good argument.
What the Court Looked At
The Labour Appeal Court didn’t get distracted by vibes or fear.
It zoomed in on the real questions:
- Was Enever actually impaired at work?
- Was there evidence of unsafe behaviour?
- Was the policy reasonable and proportionate?
- Did the policy unduly invade privacy?
The answers mattered more than the test strip.
The Ruling
The court found that blanket zero-tolerance policies can be unfair when they punish employees solely for THC presence, without proof of impairment or risk.
Key takeaways from the judgment:
- THC presence alone doesn’t mean misconduct
- Private, lawful cannabis use is protected
- Employers must prove impairment or safety risk, not just detection
- Policies must be job-specific, not lazy copy-paste rules
Barloworld was ordered to compensate Enever, and the dismissal didn’t hold.
Why This Case Is a Big Deal
This wasn’t a “everyone can arrive blazed” ruling. Let’s be clear.
The court did not say safety doesn’t matter.
What it did say:
- You can’t treat THC like alcohol
- You can’t ignore science
- You can’t police people’s bodies instead of their behaviour
Especially in non-safety-critical roles, employers now have to think harder, test smarter, and justify their policies more rigorously.
This is good news.
And before you say something clever like the guy in the screenshot below… know you’re wrong. As Heystek pointed out, this is a constitutional ruling, and the right to enjoy cannabis at home privately is a human right in South Africa.
The guy decided to screengrab another AI response about company policies… but this isn’t America, and companies can’t just make you pee into water bottles to avoid bathroom breaks. This is Mzansi.
Our constitution works, unlike some other supposedly first-world countries…
Anyway! But before we toss out a life preserver for all cannabis fans, be aware of the following.
There’s Ts & Cs to This THC At Work Ruling
Right, we do need to share this; otherwise, you, the general public, will go wild, armed with this new information. Just running around smacking people on the head like this information is a pool noodle.
The court didn’t give every worker a free pass. If you operate heavy machinery, handle dangerous equipment, or your job has real safety stakes, employers likely can require a stricter “no influence, no THC” policy, because you know safety comes first.
With Bernie, she’s not a certified forklift driver, but an office employee.
That said, what should you do if you’re in the same situation as Bernie? Well, follow her example!
What To Do If You’re In the Same Boat as Bernie?
If you’re floating in the same choppy water as Bernie, here’s how you can steady the boat instead of panicking and capsizing it.
If You’re Fired or Disciplined for THC at Work, Do This
1. Don’t lose your cool
The moment you go full keyboard-warrior or WhatsApp essay mode, you hand the steering wheel away. Be calm, boring, and factual. Rage lives forever in screenshots.
2. Ask what you’re actually being accused of
Is it:
- Impairment at work?
- Unsafe behaviour?
- Or just a positive THC test?
This matters. Presence is not the same as impairment. Make them say it out loud.
3. Ask for evidence, not opinions
Politely request:
- Proof of impairment
- Incident reports
- Witness statements
- Safety breaches
If all they have is a test result and vibes, that’s important.
4. Check the policy they’re relying on
Read the workplace substance policy carefully.
Look for:
- Zero-tolerance wording
- No distinction between impairment and presence
- No accommodation for private, lawful cannabis use
Old policies crack first under pressure.
5. Document everything
Save:
- Emails
- Test results
- Disciplinary notices
- Dates, times, conversations
Memory fades. Paper doesn’t.
6. Don’t resign unless advised
Resigning “to keep the peace” often kills your case. Let them own the decision if they’re going to make it.
7. Get proper advice early
This is where a labour lawyer, unions, or organisations like Fields of Green For All really help. Also the CCMA exists for exactly this reason. Use it. Quickly. There are time limits.
8. Frame your argument correctly
You’re not saying:
“I like weed.”
You’re saying:
- I was not impaired
- My job performance was not affected
- My private, lawful conduct was punished
- The policy was unreasonable and outdated
Courts prefer logic over lifestyle debates.
The Reality Check
This is not a free-for-all. If you’re in a safety-critical role, the bar is higher.
However, if you were actually impaired, this gets harder.
And ifthere’s real risk, employers still have teeth.
But if you were:
- Sober at work
- Doing your job
- Disciplined only for THC presence
Then yes. You may absolutely have a case worth fighting.
