On January 1, 2020, the Illinois Cannabis Regulation and Tax Act will legalize adult-use retail marijuana across the state and bring with it a hefty regulatory framework. Employers will be prohibited from firing employees for off-duty marijuana use, requiring an overhaul of most employers’ drug policies. Under the new Act, employees who are intoxicated on the job can be disciplined or fired for their marijuana use, but also have the right to sue their former employer for lost wages and legal fees under Illinois’ Right to Privacy in the Workplace Act. Employers should take action now to update their human resources policies to be prepared for any litigation that will occur as a result of the upcoming Act.
