MARBA posts legal issues regarding cannabis and employment status

Illinois has already become 11th US state in terms of the legalization of adult recreational cannabis. The Mid-America Regional Bargaining Association (MARBA) has posted the legal issues related to cannabis and workplace safety. The Cannabis Regulation and Tax Act (CTRA) has also amended the Illinois Rights to Privacy in the Workplace Act.

The amendment made by the CTRA prohibits employers to take actions against the employees who use lawful substances outside work. According to MARBA’s report, the decision taken by the CTRA has created a lot of concerns and confusion in terms of employers’ rights. The MARBA’s report said, “The CTRA instantly caused concern and confusion in the business community regarding employers’ rights and liabilities relative to drug testing.”

The legislation was passed on November 14, 2019, by the Illinois legislature that clarified several outstanding questions. The employees who are recreational marijuana users cannot be refused or discharged by the employers solely on the base of this reason. The amendment still gives the right to employers to prohibit employees from using marijuana while performing job duties.

The law allows employers to prohibit employees from using cannabis while on call. Employers can take action against the employees who used marijuana while performing job duties. The employees are prohibited from using cannabis in parking areas and company-controlled vehicles. The employers can also subject an employee to reasonable drug testing. They can take action if the employee or candidate fails a reasonable drug test.

The MARBA said in the report, “Specific questions regarding compliance with the CTRA and any other laws amended by the CTRA should be addressed with legal counsel.” The employer’s workplace drug policy must be followed by employers and employees.