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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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Illinois Governor JB Pritzker recently signed into law House Bill 1438, the Cannabis Regulation and Tax Act (CRTA), legalizing the recreational use of marijuana. Under the CRTA, which will take effect on January 1, 2020, adults over the age of 21 will be able to purchase cannabis for recreational use from licensed dispensaries across the state of Illinois. It should be noted that marijuana is still classified as a Schedule I controlled substance under federal law, making its use, sale or distribution illegal.

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Although the recreational use of cannabis will soon be legal under this new state law in Illinois, the CRTA places limitations on its possession. Illinois residents may not possess more than 30 grams of cannabis flower, 5 grams of cannabis concentrate, and 500 milligrams of THC contained in a cannabis-infused product. Non-Illinois residents may not possess more than 15 grams of cannabis flower, 2.5 grams of cannabis, and 250 milligrams of THC contained in a cannabis-infused product. Because the CRTA does not alter Illinois’ medical cannabis pilot program, a patient registered in the program may possess more than 30 grams of cannabis if it is grown and secured in their residence under certain conditions.

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From an employment perspective, nothing in the CRTA prohibits an employer from adopting reasonable zero-tolerance or drug-free workplace policies, or employment policies concerning drug testing, smoking, consumption, storage or use of cannabis in the workplace or while on call, provided the policy is applied in a nondiscriminatory manner. The CRTA does not require an employer to permit an employee to be under the influence of or use cannabis in the employer’s workplace or while performing the employee’s job duties or while on call. An employee is deemed “on call” when such employee is scheduled with at least 24 hours’ notice by his or her employer to be on standby or otherwise responsible for performing tasks related to his or her employment, either at the employer’s premises or another location previously designated by the employer or a supervisor to perform a work-related task.

The CRTA further does not limit or prevent an employer from disciplining an employee or terminating an employee’s employment for violating the employer’s employment policies or workplace drug policy. An employer may consider an employee to be impaired or under the influence of cannabis if the employer has a good faith belief that the employee manifests specific, articulable symptoms while working that decrease or lessen the employee’s performance of the duties or tasks of the employee’s job position, including:

If an employer elects to discipline an employee on the basis that the employee is under the influence or impaired by cannabis, the employer must afford the employee a reasonable opportunity to contest the basis of the determination.

The CRTA does not create or imply a cause of action for any person against an employer for:

Nothing in the CRTA shall be construed to interfere with any federal, state or local restrictions on employment, or to impact an employer’s ability to comply with federal or state law or cause it to lose a federal or state contract or funding.

Nancy M. Barnes 216.566.5578 <a href="mailto:Nancy.Barnes@ThompsonHine.com">Nancy.Barnes@ThompsonHine.com</a>

Peter Kocoras 312.998.4241 <a href="mailto:Peter.Kocoras@ThompsonHine.com">Peter.Kocoras@ThompsonHine.com</a>

M. Scott Young 513.352.6617 <a href="mailto:Scott.Young@ThompsonHine.com">Scott.Young@ThompsonHine.com</a>

or any member of our <a href="http://www.thompsonhine.com/services/labor-amp-employment">Labor &amp; Employment</a> group.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2022/04/Labor-Employment-@lert-Illinois-Legalizes-Recreational-Use-of-Marijuana-Effective-January-1-2020.pdf

Illinois Legalizes Recreational Use of Marijuana Effective January 1, 2020

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