IL HB4623

Employers may adopt drug testing policies for registered medical cannabis qualifying patients, but may only enforce these policies for employees in "safety sensitive positions" as defined in the bill.

Employers cannot take adverse action against registered qualifying patients in non-safety sensitive positions solely due to a positive cannabis drug test, unless the result exceeds limits in Illinois Vehicle Code Section 11-501.2, the patient failed to provide required written notice, or the patient failed to certify their status as a registered qualifying patient.

"Safety sensitive positions" include roles involving firearms, medical procedures, child or patient care, financial responsibilities of $5,000 or more, hazardous materials, sensitive personal information, food handling, or positions where inattention could cause injury or damage.

Employers may consider a registered qualifying patient impaired only if cannabis levels exceed the Illinois Vehicle Code limits or if the patient manifests specific articulable symptoms of impairment while working that decrease job performance.

Amendments to the Right to Privacy in the Workplace Act clarify that provisions of the Compassionate Use of Medical Cannabis Program Act are exceptions to protections for lawful off-premises product use by employees.