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. It protects against discrimination based on past drug use but does not extend these protections to current users of cannabis. This is because, under federal law, cannabis is still an illegal substance. Under the ADA, an employer can't ask you about your past drug use, including in job applications. However, employers can test for current drug use, and positive results can legally lead to employment consequences under the ADA.

Note: While the ADA does not protect you if you currently use cannabis, if you stop using cannabis and go through a drug rehab program, the ADA will protect you again. The ADA still protects individuals from discrimination based on the perception that they are drug users when they are not.

State law: Illinois Human Rights Act (IHRA)

The IHRA is an Illinois law that protects the rights of people with disabilities. Because cannabis is legal in Illinois, the IHRA offers strong protections for cannabis users, recognizing their right to consume legal cannabis without facing discrimination. This includes provisions for reasonable workplace accommodations.

In some cases, you could sue someone if they discriminate against you because of cannabis use. This includes reasonable accommodations at work. However, because IHRA protects individuals from discrimination based on lawful activities outside of work hours, and cannabis is still federally illegal, the scope of this protection can be limited. Employers still have the right to enforce drug-free workplace policies that comply with federal regulations, particularly in safety-sensitive environments. However, firing an employee for failing a drug test when the use occurs during off-duty hours and does not affect their work might not be protected under IHRA.

Talk to a lawyer if you think you are being treated differently because you use cannabis.

Medical cannabis in Illinois

Under Illinois law, individuals with qualifying disabilities can apply for a medical cannabis ID, allowing them to possess larger amounts of cannabis. Employers are not allowed to discriminate against employees because of their status as medical cannabis patients. However, employers still have a right to enforce drug-free workplace policies, which must be carefully balanced with state protections. It is not yet clear how judges will interpret these rules. Learn more about workplace rights regarding legal cannabis in Illinois. 

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