Illinois Becomes 11th State to Legalize Recreational Marijuana

Beginning January 1, 2020, Illinois’ Cannabis Regulation and Tax Act (“CRTA”) will take effect. Under the Act, Illinois residents over the age of 21 may legally possess 30 grams of cannabis flower, 5 grams of cannabis concentrates, and .5 grams of edible cannabis-infused products for recreational purposes.

The Act does not require employers to permit employees to be under the influence of or use cannabis in the workplace or while performing the employee’s job duties, allows employers to adopt “reasonable” zero-tolerance or drug-free workplace policies, and does not limit employers from disciplining or terminating an employee for violating an employer’s employment policy or workplace drug policy.

Governor J.B. Pritzker signed House Bill 1438 into law on June 25th. The implications of the Act on Illinois employers are unknown. Marijuana remains a Schedule I drug under the federal Controlled Substances Act.[1]

Given the rapidly-changing landscape in this area, companies are reassessing their drug testing or substance abuse testing policies when determining whether to make changes or not and considering training programs for hiring personnel and supervisors.

This information has been prepared by Validity Screening Solutions for informational purposes only and is not legal advice. The content is intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have.