On January 1, 2020, Illinois became the
11th state to legalize adult-use cannabis. The Cannabis Regulation
and Tax Act is comprehensive and impacts employers in many ways.
Following Illinois' legalization of medical cannabis in 2014,
marijuana is now available for recreational use by all adults age
21 and older, while remaining an unlawful controlled substance
under federal law. As a result, Illinois employers must ensure that
they have considered their organization's philosophy for
dealing with marijuana in the application and disciplinary process
for all positions and employees.
The Cannabis Act permits employers to maintain reasonable
workplace drug policies that prohibit employees from appearing for
work while impaired or under the influence of marijuana, and that
provide for applicant and employee drug testing that is reasonable
and nondiscriminatory. Employers may continue to bar all use or
possession of cannabis on all company property, including
