Illinois will become the 11th state to permit the use of recreational cannabis on January 1, 2020. This legislation, now Law, called the Cannabis Regulation and Tax Law, will allow adults (21+) to possess and consume cannabis recreationally. This Law creates significant employment pitfalls for employers with regard to enforcing drug-free workplaces.
Marijuana is still illegal under Federal law; therefore, marijuana should remain a "prohibited substance" and be treated like other prohibited substances, such as illegal drugs and controlled substances.
Below are resource documents submitted by our attorney SmithAmundsen LLC. For questions and more information regarding this new law, please contact Jeff Risch, SmithAmundsen Practice Chair - Labor & Employment, at firstname.lastname@example.org or 630-569-0079.
Resources for Construction Employers regarding the legalization of Marijuana
SmithAmundsen White Paper - Recreational Marijuana and its Impact on the Construction Industry
Explanation of the Law and the rights construction employers have in regard to testing employees and enforcing a zero-tolerance workplace.
Reasonable Suspicion Determination Checklist
4 Step Checklist of possible indicators that an employee is under the influence that may be observed by management.
Template - Illinois Drug Free Workplace Program & Testing Policy
Company Policy Template for employers to have their non-DOT employees sign regarding maintaining a drug-free workplace.
Please consult with experienced legal counsel prior to actual implementation of any employment related form, policy, or practice.