On May 31, 2019, the Illinois House of Representatives passed House Bill 1438, the “Cannabis Regulation and Tax Act.” Governor J.B. Pritzker, who campaigned on recreational marijuana legalization, has vowed to sign the bill into law and, if he follows through, the Act will go into effect on January 1, 2020. Before indulging, Illinois workers should be aware that the Act does not prohibit drug testing or prevent their employers from discharging them even for off-premises cannabis use during non-working hours.
Illinois’ Historical Restrictions on Disciplining Employees for Lawful Activities
Going back to the 1980s, Illinois has restricted employers from
