Illinois Marijuana Law Amendments

December 17th, 2019 | Angela Preston, Senior Vice President and Counsel, Corporate Ethics and Compliance with Ryan Hannan, Compliance Associate

On December 4, 2019, Illinois Governor Pritzker signed Public Act 101-0593 (the “Amendments”) which includes amendments to the Illinois Cannabis Regulation and Tax Act (the “Act”) to clarify that employers may still require and conduct workplace drug testing.

The Act, effective January 1, 2020, permits and regulates the recreational possession, use, and sale of cannabis products, and offers expungements for cannabis related offenses.

Key Highlights of the Act:

• Permits the sale and purchase of cannabis products in licensed stores for adults aged 21 and older
• Permits possession of up to 30 grams or raw cannabis, 5 grams of concentrated cannabis product, and products containing up to 500mg of THC for Illinois residents aged 21 and older, with allowed measurements halved for non-residents.
• Automatically expunges convictions involving up to 30 grams of cannabis products and allows those with convictions of between 30 and 500 grams to petition for expungement.

Amendments Address Employer Questions:

The Amendments, which applied to the Act upon signing, serve to address employers’ questions related to workplace drug testing. The amendments clarify that employers may conduct pre-employment, random, reasonable suspicion, and post-accident drug tests, and are permitted to take action in response to failed tests if they choose, but workplace drug testing policies must be non-discriminatory and reasonable.

Illinois employers are encouraged to review their workplace drug and drug testing policies. Since the amendments do not specify standards of reasonability and non-discrimination, employers are encouraged to consult with their legal counsel to determine their best course of action.

The full text of Public Act 101-0593 can be found Here. The full text of the Illinois Cannabis Regulation and Tax Act can be found Here.

Questions around drug screening your candidates and employees in Illinois and other states? Our in-house experts can support you in enhancing your screening process with our comprehensive and compliant drug and health screening service.

Sterling is not a law firm. This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.