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Marijuana Legalization by State.
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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.
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:
Q1. Can I do a random testing for my employees in Illinois? Yes:
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”
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.
Medical Use: Employers may not discriminate due to a patient status, but the law specifically allows employer to drug test and discipline for violations. Although not impacting the workplace, it is interesting to note that July 21, 2014 Governor Quinn approved SB 2636, which adds “seizures” (including those characteristic of epilepsy) to the definition of debilitating medical conditions and gives access to “non-smokeless” marijuana to minors. SB 2636 becomes effective January 1, 2015.
Personal Use: There are several efforts under way to pass legislation decriminalizing personal use of marijuana.
For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.
No known court cases.