- Illinois’ decriminalization specifies that the legal limit for THC is 5 ng/ml in blood or 10 ng/ml in other bodily specimens. This may change as recreational marijuana becomes available.
- Unemployment claim denial – Compensation can be denied based on misconduct, (820 Illinois Comp. Stat. 405/602(A)(7)) “…misconduct means deliberate and willful violation of a reasonable rule or policy…” and shall include, “…reporting to work under the influence of… an impairing substance unless the employee,” is required to “…report to work outside of scheduled or on-call hours and informs the employer that he or she is under the influence.”
- There is workers’ compensation law that contains drug testing specific requirements if an employer wants to expand their latitude for denying workers’ compensation claims.
- Illinois has workers’ compensation law that requires drug testing to be performed according to nationally scientifically accepted analytical methods and procedures by accredited or certified testing laboratories else
evidence will not be admissible in any hearing under this Workers’ Compensation Act. Public works employers have separate governing law that regulates and mandates drug testing specifics.
- Workers’ compensation claim denial – A positive test or a refusal to test following an accident will be ruled rebuttable presumption that the employee’s intoxication was the proximate cause of the injury. An employee can overcome the rebuttable presumption that his or her intoxication was not the proximate cause of the injury.
Apply the Checklist of Impacting Issues for Employee Use of Marijuana provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.