Employment Drug Testing and Cannabis:
Navigating the Legal Landscape

With the legalization of cannabis in many states, including Illinois, you might wonder how this affects employment drug testing. Can you still be tested for cannabis at work? What protections do you have? We’ll try to break down the legal nuances of cannabis usage and employment drug testing, to give you a better idea of what state laws vs. federal laws say. However, our specialty lies in being experts on curating the best dispensary experience for you and not so much in providing legal counsel. So if you have any other curiosities about what the law says or specific incident-related questions, we suggest working with legal experts who are familiar with labor laws in your state. 

The Legal Landscape: Federal vs. State Law

The first thing to understand is the difference between federal and state law regarding cannabis.

• Federal Law: Under federal law, cannabis remains classified as a Schedule I controlled substance. This means that it is illegal to manufacture, distribute, or possess cannabis. Consequently, federal agencies and businesses that operate under federal regulations, such as those in the transportation or defense industries, must comply with federal drug-free workplace policies. Employees in these sectors are subject to regular drug testing, and a positive test for cannabis can lead to disciplinary actions, including termination. Even with the recent proposal to reschedule cannabis, we are still waiting to see when and if this will be moved forward. 
• State Law: In contrast, state laws vary widely. Many states have legalized cannabis for medical use, recreational use, or both. These states often have their own regulations regarding cannabis in the workplace. However, state legalization does not override federal law. Employers in states where cannabis is legal can still enforce drug-free workplace policies and conduct drug tests.

Employment Drug Testing: A State-by-State Overview

Different states have different approaches to handling cannabis in the workplace. Here are a few examples:

• California: California law allows employers to maintain a drug-free workplace and to test for cannabis use. Employers can refuse to hire or terminate employees who test positive for cannabis, even if the use is legal under state law.
• Colorado: Similar to California, Colorado employers can implement drug testing policies and take adverse actions against employees who test positive for cannabis. Colorado does not provide workplace protections for employees using cannabis recreationally.
• Nevada: Nevada has taken a more progressive stance. As of January 1, 2020, employers cannot refuse to hire a prospective employee solely because they test positive for cannabis in a pre-employment drug screening. However, this protection does not apply to certain positions, such as those requiring safety-sensitive duties.
• Illinois: Let’s dive deeper into Illinois, where cannabis is legal for both medical and recreational use.

Illinois Law: Cannabis and Employment

Illinois presents a nuanced approach to cannabis use and employment. Here’s what you need to know:

• Recreational Use: As of January 1, 2020, Illinois legalized recreational cannabis use for adults aged 21 and over. Despite this, employers have the right to enforce drug-free workplace policies. They can conduct drug tests and take disciplinary action against employees who test positive for cannabis.
• Medical Use: Under the Illinois Compassionate Use of Medical Cannabis Program Act, medical cannabis patients are granted certain protections. Employers are required to provide reasonable accommodations for employees with medical cannabis cards, but this does not permit employees to use cannabis at work or be under the influence while working.
• Reasonable Suspicion: Illinois employers can conduct drug tests if there is a reasonable suspicion that an employee is impaired by cannabis while at work. Indicators of impairment might include changes in performance, behavior, or physical symptoms.
• Off-Duty Use: Illinois law prohibits employers from discriminating against employees or job applicants for using cannabis outside of work hours, as long as it does not affect their performance or workplace safety. This means that your employer cannot fire you simply because you legally used cannabis over the weekend.

Navigating Drug Testing as a Cannabis User

Given the varying legal landscape, here are some tips to help you navigate employment drug testing if you use cannabis:

1. Know Your Rights: Familiarize yourself with both federal and state laws regarding cannabis use and employment. Understanding your rights can help you make informed decisions and avoid potential pitfalls.
2. Employer Policies: Always review your employer’s drug testing policy. Some employers may have more lenient policies, while others might enforce strict zero-tolerance rules, especially in federally regulated industries.
3. Medical Cannabis Card: If you use medical cannabis, inform your employer and provide necessary documentation. While this doesn’t exempt you from all testing, it can offer some legal protections.
4. Timing: Be mindful of when you use cannabis, as THC can remain in your system for days or even weeks, depending on various factors such as frequency of use and individual metabolism.
5. Legal Advice: If you encounter issues related to drug testing and cannabis use, seek legal advice. An employment lawyer can help you understand your rights and navigate any disputes with your employer.

Let’s Wrap It Up

Navigating employment drug testing in a state where cannabis is legal can be complex due to the interplay between federal and state laws. While states like Illinois have protections in place for off-duty use and medical cannabis patients, employers still have the right to maintain drug-free workplaces and conduct drug tests. By understanding the laws and your rights, you can better navigate the landscape of cannabis use and employment.

Use Your Resources 

Visit one of Aroma Hill’s dispensaries in Illinois to speak with our knowledgeable staff and learn more about responsible cannabis use. Whether you’re a medical patient or a recreational user, we’re here to help you understand the ever-evolving landscape of cannabis legalization. See you soon at Aroma Hill—your journey to informed cannabis use starts here!

Find an Aroma Hill dispensary near you: https://aromahillcannabis.com/locations/