Since 2020, adults in Illinois have been permitted to use recreational cannabis, albeit with restrictions on the allowable amount of marijuana possession. However, the legalization raises questions about drug testing regulations in the state.
Under Illinois law, employers retain the right to mandate drug tests for both job applicants and current employees, provided they establish a comprehensive policy applicable to all staff members.
Furthermore, employers may lawfully target an employee for drug testing if there is “reasonable suspicion” that marijuana use is contributing to observable safety or performance issues.
The implications of this law in relation to recreational marijuana usage are important to understand. Here’s what you need to know.
Is It Possible to Lose Your Job for Consuming Marijuana, in Illinois?
It depends, to put it succinctly. If an employee “uses lawful products off the premises of the employer during nonworking and non-call hours,” it is illegal for an employer to dismiss them or refuse to hire them, according to the Illinois Right to Privacy in the Workplace Act.
Under this law, marijuana usage for recreational purposes outside of the workplace would be allowed.
The News-Democrat was recently informed by Teri Ross, executive director of Illinois Legal Aid Online, “what it basically says is that you cannot be fired for using a legal substance off-hours.”
However, if an employee enters the workplace while under the influence of cannabis, employers are permitted to enforce explicitly stated drug-free policies under the Cannabis Regulation and Tax Act, another Illinois legislation.
“Under the RTPA [Right to Privacy in the Workplace Act], employees may generally use cannabis off the employer’s premises during nonworking and non-call hours. However, Section 10-50 of the Cannabis Regulation and Tax Act allows employers to adopt reasonable drug free or zero tolerance workplace policies,” Paul Cicchini, the public information officer for the Illinois Department of Labor, sent an email to the News-Democrat.
“If an employee uses off hours, but still has cannabis in their system at work, they could be terminated or disciplined pursuant to their employer’s policy – but the employer’s policy must be written and clear,” Cicchini further added.
Therefore, if your workplace has a drug-free policy and you intend to use cannabis products at home, you might want to confirm that doing so won’t make it harder for you to pass a drug test when you return to work.
