Information provided is current as of February 1, 2024, and companies are encouraged to consult with legal counsel on these types of complex matters.
Cannabis Legalization History
Possession/Personal Use Specifics
Adults 21 and over can possess up to 30 grams of flower, 5 grams of concentrates, and 500 milligrams of THC in cannabis-infused products. Registered medical cannabis patients can possess up to 70 grams of flower, concentrates and infused products every 14 days.
Consumption is prohibited in public spaces, vehicles, and workplaces, and on school grounds, while private use is allowed with property owner permission, adhering to restrictions in rental agreements.
State Regulatory Agency Information
State Forms (If Applicable)
State Testing Policy
General Information
Illinois doesn't have specific laws governing employer drug testing. This means employers have broad leeway to implement drug-free workplace policies, including pre-employment, reasonable suspicion, and random testing.
Remember, establishing robust documentation is a key risk mitigant for employers in states like Illinois.
Safety-Sensitive Positions
Includes, but is not limited to, a
position in which a lapse of attention could result in injury, illness, death, or damage to property, including, among other specified positions, road or commercial construction.
Recommended Procedures
Does the state have recommended procedures?
It is always recommended to have a standardized documentation procedures and regular employee evaluations to set clear performance expectations. The state provides a detailed program for workplace safety that includes procedures and policies recommended for determining reasonable suspicion, as well as aspects to incorporate Total Worker Health® initiatives - such as training and documentation - for more productive and healthy workplaces.
State Employee Procedures and Policies
Unlawful to manufacture, distribution, dispense, possess, or use of any controlled substance, including cannabis, on company property or while performing work duties is strictly prohibited. Violating this policy will result in disciplinary action, up to and including termination of employment. Employees must adhere to all aspects of this policy. State provides
EAPs for workplace safety initiatives.
Protections for Use Outside Workplace/Work Hours
Is Illinois a "Right to Weed State"?
Under
Illinois law, an employer may not refuse to hire a candidate or discharge an employee based on the fact that the individual possesses a medical marijuana card.
More Detailed Information
State Requirements for Drug & Alcohol Testing Program
Testing Policy Requirements
Main Requirement
While Illinois
doesn't have specific laws governing private sector drug testing, it provides broad discretion for employers. They can conduct pre-employment, random, reasonable suspicion, and post-accident tests with a written, consistently applied policy. However, they must have employee consent, and cannabis use alone cannot be grounds for discipline except in safety-sensitive roles or exceeding DUI limits.
