Illinois Passes Bill to Legalize Recreational Marijuana; Prohibits Discrimination in Employment Context Based on "Lawful Use" of Marijuana

Passed on May 31, 2019 by the Illinois General Assembly, HB 1348 legalizes the possession, use and purchase of recreational marijuana by individuals 21 years of age and older.

Governor J.B. Pritzker has indicated that he will sign the bill and if so, the law will take effect on January 1, 2020. Medical marijuana has been legal in Illinois since 2014. Combined with the passage of this law pertaining to recreational use, Illinois could become the first state to legalize possession, sales and purchase of marijuana for both purposes.

The law continues to allow employers to prohibit the use of marijuana in the workplace and to allow employers to discipline/terminate employees who violate employment or workplace drug policies. However, the law also amends the Illinois Right to Privacy in the Workplace Act by defining "lawful products" to mean products that are legal under state law. As a result, under the Right to Privacy Act, Illinois employers are prohibited from discriminating against applicants and employees who use lawful products (i.e., marijuana) off the premises of the employer during non-working and non-call hours.

Because drug tests cannot detect current marijuana impairment, employers must carefully review the new law to determine which drug screening practices remain lawful.

The law includes some exceptions. Employers regulated by the U.S. Department of Transportation's drug and alcohol testing regulations are exempt from the provisions of the act. Likewise, employers are not bound by the act if it interferes with the employer's ability to comply with federal or state laws or could result in the loss of federal or state funding.

Employers in Illinois are advised to review internal drug-testing policies and procedures, and revise them as necessary. Further, employers should consult with counsel to ensure compliance with all applicable laws.

Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.

Get In Touch

Send a Message *fields required

What are your Interests?optional

Contact Information

Even our RFP PROCESS is state-of-the-art.

Take a look

What our clients are saying

We cannot express enough how much we have enjoyed working with BIG! It has really benefitted our processing and ease of doing business!

Licensing and Registration Manager
Investment and Insurance Company

I enjoy collaborating with BIG, and know that if I have to reach out with a question/concern, a positive attitude with a willingness to find resolve is on the other side of an email or a phone call.

Human Resources Administrator
Global Financial Services Firm

You have been the most professional and most helpful business partner that I have ever been associated with — always there to assist us and with rapid turnaround times.

Principal Consultant
Major Professional Services Network

I am confident whenever we add a product with your company that I will have a good experience.

Division Manager
Insurance and Financial Services Agency

We have received superior service and we know this is what you and your team strive for. We are grateful for the dedication, level of professionalism and effort shown.

Large Insurance Agency

You are leaving

Ok, Continue Cancel