Will Your Zero-Tolerance Policy Go Up in Smoke?

April/May 2015Articles CBA Record

In 2013, Illinois became the 21st state to adopt a medical marijuana law, the Compassionate Use of Medical Cannabis Pilot Program (MCPP). The new law will require employers to revisit or rethink zero tolerance or drug-free workplace policies. The MCPP does not prohibit an employer from, among other things, (1) adopting reasonable regulations concerning the consumption, storage or timekeeping requirements for patients related to the use of medical cannabis; (2) enforcing a policy concerning drug testing, zero-tolerance or a drug free work place provided the policy is applied in a non-discriminatory manner; or (3) disciplining an employee for failing a drug test if failing to do so would put the employer in violation of federal law or cause it to lose a federal contract or funding. 410 ILCS 130/50 (a), (b), and (d).

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