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. Under Illinois law, you do not have to tell your employer about your cannabis use outside of work hours. Illinois protects your right to privacy for legal activities you do in your free time, including the legal use of cannabis. However, you must follow the laws for using cannabis, such as restrictions against public consumption.
Do I have to tell my employer about my expunged or sealed record?
In Illinois, most employers cannot ask about or consider expunged or sealed criminal records during the hiring process. They also cannot ask about arrests that didn’t lead to a conviction or 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. In Illinois, employers have the right to maintain a drug-free workplace. This means you can be disciplined or fired for using or possessing cannabis during work hours or on company property. Employers must enforce these rules equally for all employees without discrimination.
Can my employer make me take a drug test?
Yes. Employers in Illinois can have “reasonable” drug-free workplace policies, which may include mandatory drug testing. These policies must be applied fairly and consistently across the organization.
Can I be fired just because I tested positive for cannabis?
Testing positive for cannabis alone doesn't automatically mean you will be fired. Illinois law requires that employment decisions related to cannabis must be based on actual impairment or failure to perform job duties due to cannabis use at work. However, a positive test can lead to disciplinary action if it goes against the employer's drug policy.
I have a medical cannabis card. Does my employer have to make accommodations for me?
This area of law is complicated. Workplace accommodations for medical cannabis users are tricky because of conflicting state and federal laws. Illinois state law offers some protections for medical cannabis patients, but federal laws do not recognize cannabis as a legal medication. This limits the protections available under federal disability laws. If you need accommodations for medical cannabis use, it's best to consult with a lawyer to understand and manage these complex issues.
Sources
Ensure you understand your rights and employer's responsibilities under:
- 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.
These laws provide the framework for employment-related cannabis issues in Illinois.
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.