Applying with a cannabis past: what to know

TL;DR

• Only job-related questions are lawful – private use isn't job-related.
• The “white lie” right when facing an unlawful question is recognised (BGE 132 II 161).
• Criminal record: disclose only in a direct, safety-relevant context.
• Pre-employment drug tests: only with consent and legitimate interest.

Lawful and unlawful questions

• Lawful: “Do you meet the health requirements of the role?”
• Lawful (drivers): “Do you hold a valid category C licence?”
• Unlawful: “Do you consume cannabis in your free time?”
• Unlawful: general screening with no link to the role.

Medical cannabis in the application process and at the workplace

Since the amendment of the law in August 2022, medical cannabis has been directly accessible in Switzerland via medical prescriptions, without requiring an exceptional permit from the FOPH. This change also affects the application process for patients. In principle, there is no obligation to disclose medical treatment of one's own accord during a job interview. The health situation is part of the protected sphere of privacy, as long as the prescribed therapy does not impair or endanger work performance for the specific position.

An exception is the duty of loyalty under the Swiss Code of Obligations. If the consumption of medical cannabis impairs reaction times and the position requires driving vehicles or monitoring sources of danger, applicants must address this. In such cases, an early, objective discussion with the occupational health service is advisable. This makes it possible to clarify whether the medical indication is compatible with the safety requirements of the company, without sensitive diagnoses having to be disclosed directly to the line manager.

• Medical cannabis has been medically prescribable without a BAG exceptional permit since August 2022.
• No general obligation to disclose prescribed medications during the application process.
• Restrictions apply to activities that could be negatively affected by the medication.
• The duty of loyalty under the Swiss Code of Obligations requires the reporting of limitations on the capacity to work.

Drug testing and safety-sensitive roles

Systematische drug testing during the application process is only permitted within narrow limits in Switzerland. It always requires a legitimate interest on the part of the employer that outweighs the protection of the applicant's personal rights. This is primarily the case in safety-sensitive occupations, such as train drivers, pilots, or when handling dangerous machinery. A test without a specific connection to the future activity is legally impermissible and violates the Data Protection Act.

Particular caution is advised for positions that require the regular driving of company vehicles. In Swiss road traffic, a strict zero-tolerance policy applies with a THC limit of 1.5 micrograms per litre of blood. Since cannabis metabolites can still be detected days after consumption, applicants who test positive risk not only exclusion from the application process, but also—in the case of existing employment relationships—the immediate loss of their driving licence and consequences under employment law.

• Drug tests are only permitted if there is a demonstrable safety risk to the business or third parties.
• The explicit, written consent of the applicant is mandatory for any test.
• The strict road traffic limit of 1.5 micrograms of THC per litre of blood also applies in the workplace context.
• Refusing the test for permissible job profiles usually leads to exclusion from the process.

The criminal record extract and the Narcotics Act

Many job seekers fear that past contact with the authorities regarding cannabis will reduce their career opportunities. Here, Swiss law sets clear boundaries. The consumption and possession of minor amounts of cannabis for personal use are punished in adults with a fixed penalty fine of one hundred francs, provided the amount is under ten grams of THC cannabis. Such fixed penalty fines do not constitute a criminal record and are therefore not entered into the Swiss criminal register.

An entry in the private criminal record extract, which employers are permitted to request, only occurs in the case of serious violations of the Narcotics Act, such as commercial trafficking. Even if an entry exists, the employer may only use this information if there is a direct connection to the advertised position. For most administrative or manual occupations without responsibility for asset protection or personal safety, past cannabis-related offences therefore play no legal role in the application process.

• Fixed penalty fines for cannabis consumption do not appear in the Swiss criminal record extract.
• The private criminal record extract only shows legally binding convictions for misdemeanours and felonies.
• Employers may only request extracts if there is a direct, objective relevance to the position.
• Entries with no relevance to the targeted activity do not have to be disclosed during the interview.

FAQ