Cannabis is legal in Illinois. But your employer can still have policies that are more restrictive. The following are some frequently asked questions about how your right to use cannabis as a worker in Illinois.
Do I have to tell my employer that I use cannabis off-duty?
No. Your employer cannot take action against you for using cannabis off-duty. But you must follow the laws for using cannabis. For example, you cannot smoke it in public.
Do I have to tell my employer about my expunged or sealed record?
No. Most employers cannot ask about expunged or sealed records. They also cannot ask about arrests that didn’t lead to a conviction. They also cannot ask about juvenile records. There are exceptions. Employers in law enforcement or childcare can still ask about those records.
Can I be fired or disciplined for using or possessing cannabis at work?
Yes. Employers can ban drugs at the workplace. They can fire you if you break these rules. But they can’t use these rules to discriminate against people. They must enforce the rules equally.
Can my employer make me take a drug test?
Yes. Employers can have a “reasonable” drug free workplace policy. This includes making employees take drug tests.
Can I be fired just because I tested positive for cannabis?
No. You can’t be fired just because you tested positive for cannabis. But you can be fired or punished for being high at work.
I have a medical cannabis card. Does my employer have to make accommodations for me?
This area of the law is complicated. There are federal laws that protect patients. But cannabis is still illegal at the federal level. So the federal protects do not apply. There are Illinois state laws that also protect patients. But it is not yet clear how judges will interpret these laws. Talk to a lawyer if you need an accommodation at work due to medical cannabis.
Sources
Cannabis Regulation and Tax Act 410 ILCS 705.
Right to Privacy in the Workplace Act 820 ILCS 55.
Americans with Disabilities Act 42 U.S. Code 12101.
New Leaf Illinois is a statewide, state-funded initiative made up of 20 non-profit organizations throughout Illinois who provide free legal representation or legal information to people who want their cannabis convictions off their record.
We know the legal system can seem intimidating. New Leaf is here to help each step of the way.