State Budgeting, Planning and Appropriations Processes.
The Compassionate Use Act legalizes the use of medical marijuana in Illinois by qualifying individuals. On Monday, November 9,sales of medical cannabis began to registered qualifying individuals and caregivers at eight dispensaries located throughout the state.
According to estimates from the Illinois Department of Public Health, there are currently over 3, qualifying individuals in Illinois, some of which could be your employees.
While this number is far short of initial program estimates, a number of legal issues are present arising from the use of medical cannabis. Under the Controlled Substances Act, it is illegal to manufacture, distribute or possess cannabis. Cannabis is currently a Schedule I controlled substance under the Act.
To be classified as a Schedule I controlled substance means Congress has made the express finding marijuana has no accepted medical use. Despite the numerous state laws that now legalize medical cannabis, Congress has not changed this classification.
What does this mean for employers throughout Illinois? Employment Considerations Under the Compassionate Use Act How does an employer balance the rights of its employees participating in the pilot program with its right to have a drug-free workplace?
On one hand, employers cannot discriminate against medical cannabis patients who participate in the program on the basis of an enumerated medical disability. The Compassionate Use Act strictly prohibits employers from discriminating against an employee based upon his or her status as a medical marijuana patient.
The employment related provisions of this anti-discrimination part of the Act provide: No … employer … may … otherwise penalize, a person solely for his or her status as a registered qualifying patient or a registered designated caregiver, unless failing to do so would put the … employer … in violation of federal law or unless failing to do so would cause it to lose a monetary or licensing-related benefit under federal law or rules.
Another Illinois law, the Right to Privacy in the Workplace Actfurther protects employees who use legal products outside of the workplace. Except as otherwise provided by law. Provided however, that any use or overconsumption of these lawful products that directly impairs the performance of the employee at the workplace shall not be protected under this Act.
The Compassionate Use Act provides: Similarly, the Act does not require any Illinois employer to violate federal laws that apply to its business or to jeopardize any federal contract or benefit.
Bottom Line for Employers In addition to legal uncertainty, the difficulty is that cannabis is not like other drugs. Similarly, different individuals have different reactions or interactions with cannabis.
A zero-tolerance policy may still be enforced; however, employers may not want to do so if they believe the cannabis usage by a registered user only takes place outside of work hours and the employee is not impaired at work.
Likewise, employers must consider how exceptions to a zero-tolerance policy for medical cannabis usage might impact their efforts to enforce such a policy against other employees without medical reasons for using cannabis.
Will it matter if the employee was not licensed to use cannabis in the state of employment but traveled to a state where recreational usage was legal? Before usage among employees becomes more widespread, Illinois employers can do some discrete things to prepare to meet these new challenges, including: These and other questions will be raised and addressed over time.
In the interim, employers need holistic advisors in order to navigate this shifting legal landscape.“Gender equality is not only an issue for women and girls. All of us benefit when women and girls have the same opportunities as men and .
Find medical & recreational marijuana dispensaries, brands, deliveries, deals & doctors near you.
EIU Political Science Review Anderson 1 European Drug Policy: The Cases of Portugal, Germany, and The Netherlands Steve Anderson Abstract Drug abuse is a problem that reaches all corners of the globe. Commissioner’s message. The digital revolution, which many have described as the 4 th industrial revolution, has brought important benefits to individuals, from ease of communications to greater accessibility of information, products and services that make our lives better materially and intellectually.
It is and will continue to be a major . William Hague has urged Theresa May to consider legalising cannabis as he claims the war on the drug has been “comprehensively and irreversibly lost”. Get the latest health news, diet & fitness information, medical research, health care trends and health issues that affect you and your family on skybox2008.com