Workplace Drug Testing Issues – Illinois State Laws
Illinois requires employers on State public works projects to maintain a drug-free workplace.
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Update on Illinois and Recreational Marijuana
Illinois HB 1438
- Legalizes recreational marijuanaeffective January 1, 2020 for those ages 21 and older
- Employers are not required to permit employee use of marijuana while at work, while performing job duties, or while on call
- Requires certain changes to drug-free workplace policies and procedures:
- Employers can have policies addressing drug testing, smoking marijuana, marijuana storage, etc., provided that the policy is applied in a nondiscriminatory manner
- Employers are not required to accommodate employees being under the influence or the use of marijuana in the workplace
- Employers must have “good faith belief” that an employee is under the influence – can be established using specific, articulable symptoms, but not strictly a drug test
- Employers should use a positive drug test for marijuana in conjunction with specific signs and symptoms of impairmentbefore taking action
- Employers cannot take actionbased on the use of lawful products (marijuana) outside of work hours
- Defers to federal, state, and local restrictions on employment, such as Part 40
See our comprehensive State by State guide – Marijuana Considerations & Laws by State