Cannabis and disability rights

Many people with disabilities use cannabis. In Illinois, both medical and recreational cannabis are legal. But there are different laws that apply at the state and federal levels.

Federal law: Americans with Disabilities Act (ADA)

The ADA is a federal law that protects the rights of people with disabilities. Under the ADA, an employer can't ask you about your past drug use. This includes job applications. But employers can test for current drug use.

Note: The ADA does not protect you if you currently use cannabis. This is because cannabis is still illegal at the federal level. If you stop using cannabis and go through a drug rehab program, the ADA will protect you again.

State law: Illinois Human Rights Act (IHRA)

The IHRA is an Illinois law that protects the rights of people with disabilities.

The IHRA protects you, even if you use cannabis. This is because cannabis is legal under Illinois law.

You could sue someone if they discriminate against you because of cannabis use. This includes reasonable accommodations at work. Talk to a lawyer if you think you are being treated differently because you use cannabis.

Medical cannabis in Illinois

People with certain disabilities can also get medical cannabis. The amount of cannabis you can have is larger if you need it for medical purposes. You need to apply for an ID from the state.

Employers are not allowed to discriminate against you for being a medical cannabis patient. But they can use drug tests and have a drug-free workplace. It is not yet clear how these rules will be interpreted by judges.

Sources

Americans with Disabilities Act  42 U.S. Code § 12101

Illinois Human Rights Act 775 ILCS 5

Compassionate Use of Medical Cannabis Program Act 410 ILCS 130