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Illinois Drug Testing Compliance

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Illinois

Legal status for workplace drug screening and alcohol testing

Download our free guide: Marijuana Legalization by State.

Our intent is to make Illinois drug screening compliance as simple as possible you don’t have to be a constitutional law scholar to conduct workplace drug testing in this state. Illinois is a “Open” state, which means there are no state statutes, regulations or known court decisions that would limit your choices for implementing a drug or alcohol testing program or any aspect of it. Testing is your choice but, there may be federal rules to consider. This overview is to introduce you to the nature and history of Illinois workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview:

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements for employer drug screening policies in Illinois.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: No restrictions.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: No restrictions.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: Organizations are strongly encouraged to use a certified laboratory.
Q7: What types of specimens can we test for?
A: No restrictions.
Q8: Are there restrictions for Alcohol Testing?
A: No restrictions.

Illinois Drug & Alcohol Testing Laws

Governor Quinn signed HB 1 August 1, 2014 establishing the "Compassionate Use of Medical Cannabis Pilot Program Act." The law prohibits discrimination because of one’s status as a medical marijuana patient but specifically empowers employers to discipline medical marijuana patients who violate workplace drug- free workplace policies.

This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging.

June 4, 2019 the Illinois Legislature passed a compromise bill HB 1438 that establishes the Cannabis Regulation and Tax Act and will take effect January 1, 2020. Employers can adopt the following:

  • Zero tolerance or drug-free workplace policies.
  • Drug testing policies, and policies concerning "smoking, consumption, storage or use of cannabis in the workplace or while on call".  
  • Discipline any employee violating the employer's policies.
  • Prohibit employees from being under the influence or using cannabis "in the employer's workplace or while performing the employee's job duties or while on call."

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Did you know?

Q1. Can I do a random testing for my employees in Illinois?

Correct!

The use of marijuana for medical purposes has been authorized in Illinois, and discipline for a positive test for medical marijuana patients is limited. Employer may not discriminate based on status as medical marijuana user in Illinois.

 Answer is “Yes”

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Marijuana:

Illinois Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Illinois personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: Employers may not discriminate due to a patient's status, but the law specifically allows employers to drug test and discipline for violations. However, any employer can take adverse action based on a good faith belief that an employee has used, is impaired, or possessed marijuana on company property or during work hours. The employee must be given a chance to challenge the basis for the determination.

Personal Use: AS of January 1, 2020, consumers can buy marijuana for recreational use from licensed sellers, medical marijuana dispensaries are the only legal sellers of marijuana for recreational use.

For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Decisions:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases.

N/A

N/A

N/A

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