Medicinal marijuana is already legal in Illinois, but the law will change to include recreational use as of January 1st, 2020. If you would like to learn more about the changes going into effect, see our article entitled New Illinois Law Legalizing Marijuana in 2020 Frequently Asked Questions. Whether or not an employer includes marijuana in drug tests is at the discretion of each employer. There is nothing in the Cannabis Regulation and Tax Act that requires an employer to stop testing for marijuana.