Can you be legally fired for smoking weed in Illinois? Here’s what state law says
Recreational cannabis use by adults has been lawful in Illinois since 2020, with limitations on how much marijuana someone can legally possess.
But what does that mean for drug testing requirements in the state?
Illinois law does allow employers to require employees to take drug tests before hiring and during employment as long as they have a specific policy that applies to all employees. Additionally, an employer could potentially lawfully single out an employee for a drug test if they have “reasonable suspicion” that drug use is leading to an observed safety or performance issue.
How does this law apply to recreational marijuana use? Here’s what to know.
Can you be fired for using marijuana in Illinois?
The short answer is, it depends.
The Illinois Right to Privacy in the Workplace Act says it is unlawful for an employer to fire someone or not hire them solely “because the individual uses lawful products off the premises of the employer during nonworking and non-call hours.”
The use of recreational marijuana in a nonworkplace setting would be protected under this law.
“What it basically says is that you cannot be fired for using a legal substance off-hours,” executive director of Illinois Legal Aid Online Teri Ross told the News-Democrat recently.
But another Illinois law, the Cannabis Regulation and Tax Act, allows employers to enforce clearly written drug-free policies if an employee comes in to work with cannabis in their system.
“Under the RTPA [Right to Privacy in the Workplace Act], employees may generally use cannabis off the employer’s premises during nonworking and non-call hours. However, Section 10-50 of the Cannabis Regulation and Tax Act allows employers to adopt reasonable drug free or zero tolerance workplace policies,” Paul Cicchini, public information officer with the Illinois Department of Labor, wrote in an email to the News-Democrat.
“If an employee uses off hours, but still has cannabis in their system at work, they could be terminated or disciplined pursuant to their employer’s policy – but the employer’s policy must be written and clear,” Cicchini continued.
So if you’re planning to use cannabis products at home, you might want to make sure it wouldn’t prevent you from passing a drug test the next time you head into the office if your employer has a drug-free policy.
Exceptions to recreational marijuana use
Members of the U.S. military may not lawfully use recreational marijuana, since it remains illegal at the federal level.
Additionally, people who work at nonprofit organizations with a mission to help people who are struggling with substance use can legally be fired or not hired solely on the basis of recreational marijuana use, Ross said.
Using marijuana recreationally during work hours, while on-call or on your employers premises is not protected under Illinois or federal law. You can be fired for marijuana use that impairs your ability to perform your job responsibilities.
Only lawful use of recreational marijuana is protected under the Illinois Right to Privacy Act, so your employer could potentially retaliate if you possess more marijuana than the regulation allows or otherwise break the law.
