On January 1, 2020 the Cannabis Regulation and Tax Act became effective in the State of Illinois. The Act allows individuals 21 years of age and older to possess up to 30 grams of marijuana for recreational purposes.  The Act also amends the Illinois Right to Privacy in the Workplace Act to prohibit employers from discriminating against those who use cannabis off campus and during nonworking hours.

Despite legalization, employers can still take action against negative or inappropriate workplace behavior resulting from marijuana use. Employers should ensure that employees are aware that cannabis use is not a defense to behavior deemed inappropriate in the workplace. Employees should also understand that if they come to work under the influence of cannabis, or any other substance, they may be subject to disciplinary actions, or even termination of employment.

When employers suspect someone has arrived at work under the influence of cannabis, requiring the employee to undergo drug testing may be the next course of action. Employers should be cautious however, as a positive test result may indicate current or past use, as THC stays in the system long after the effects wear off. If the cannabis use was during non-working hours, employers will want to exercise due caution in the event of a potential Right to Privacy violation. As a result Employers may need corroborating evidence of current impairment before taking action against any employee.

Please contact the skilled attorneys at Bruning & Associates, P.C. at 815-455-3000 for more information and to schedule your free consultation.

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