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RESEARCH / VERSION 1.1 / 16 OCTOBER 2026

Cannabis use, prescribed treatment and disability evidence

The tribunal held that the claimant had not proved the relied-upon impairment and its required effects at the relevant time. It expressly declined to infer addiction from habitual cannabis use alone. It distinguished medically prescribed cannabis, whose treatment effects could in principle be discounted, from non-prescribed use, while finding the necessary evidence insufficient.

FieldEvidence
Reference period2024-05-16
CoverageScotland
StatusPreliminary hearing; disability-status determination
Source-check date2026-10-14
Case referenceAnderson v P J Carey (Contractors) Ltd and Careys plc, 8000461/2023
Court / tribunalEmployment Tribunal (Scotland, Edinburgh)
IssueDisability evidence; prescribed cannabis; addiction not inferred from repeated use
Actual dispositionDiscrimination complaints dismissed for want of jurisdiction because the statutory disability requirements had not been established.
Appeal / later history checkedPreliminary judgment verified; any later appeal or reconsideration has not been verified.
Authority levelEmployment Tribunal — first instance
Addiction / medication scopeHabitual cannabis use was discussed, but addiction was expressly not inferred.
Targeted history checkTargeted case-name/number search did not verify an appeal or reconsideration. Avoid the broader claim that childhood ADHD diagnoses expire.
Express factual limitHabitual daily cannabis use alone was insufficient evidence for a finding of addiction. [Source: Paragraph 87]
First-instance evidence assessmentMedically prescribed cannabis could fall within the treatment-disregard provisions, but evidence of its effects and of the relied-on impairment was insufficient on this record. [Source: Paragraphs 89–93]

Paragraph-backed propositions

Interpretation limits

First-instance evidential ruling on this record. It is not a general finding that a childhood diagnosis expires, that prescribed cannabis prevents disability status, or that repeated cannabis use proves addiction.

Sources

Cite this record

Civil Liberties Action (2026). Addiction and employment law: Cannabis use, prescribed treatment and disability evidence. Record case-anderson-2024, version 1.1, 2026-10-16. https://cla-political-finance.copperchime4.chatgpt.site/databases/releases/2026-10-16-v1.1/records/cases/case-anderson-2024.html

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