Employee Cannabis Use and the Workplace

Illinois’ legalization in 2019 of adult recreational marijuana represented a long-awaited, monumental public opinion shift to acceptance of adult cannabis use.  Nonetheless, although the Cannabis Regulation and Tax Act clearly intended to decriminalize the adult use of cannabis, other consequences of the law have not been as well-understood. Employers are particularly uncertain about its impact in the workplace, including whether the law allows policies that prohibit substance use and impairment in the workplace, drug testing of prospective or current employees, or whether employment may be conditioned on results of drug and substance testing.[i]

These issues apply to all Illinois employers and employees, including physician office owners, physician associates, and other office staff. In addition to the Cannabis Act, other employment laws come into play, such as the Illinois Right to Privacy in the Workplace Act (Privacy Act), that protects the rights of current or prospective employees to use legal products off-premises and during nonwork or non-call hours.