Bill Text: IL SB2891 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that nothing in the Act: prohibits employers from adopting workplace policies concerning the consumption, storage, or timekeeping requirements for qualifying patients related to the use of medical cannabis; prohibits employers from enforcing policies concerning the use or possession of drugs by employees; or limits an employer's ability to discipline an employee for failing a drug test, including, but not limited to, if failing to discipline such an employee would cause the employer to violate federal law or lose a federal contract or funding.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2016-04-08 - Rule 3-9(a) / Re-referred to Assignments [SB2891 Detail]

Download: Illinois-2015-SB2891-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2891 Introduced 2/18/2016, by Sen. William R. Haine SYNOPSIS AS INTRODUCED:
410 ILCS 130/50
Amends the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that nothing in the Act: prohibits employers from adopting workplace policies concerning the consumption, storage, or timekeeping requirements for qualifying patients related to the use of medical cannabis; prohibits employers from enforcing policies concerning the use or possession of drugs by employees; or limits an employer's ability to discipline an employee for failing a drug test, including, but not limited to, if failing to discipline such an employee would cause the employer to violate federal law or lose a federal contract or funding.
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Compassionate Use of Medical Cannabis Pilot
Program Act is amended by changing Section 50 as follows:
(410 ILCS 130/50)
(Section scheduled to be repealed on January 1, 2018)
Sec. 50. Employment; employer liability.
(a) Nothing in this Act shall prohibit an employer from
adopting reasonable regulations or workplace policies
concerning the consumption, storage, or timekeeping
requirements for qualifying patients related to the use of
medical cannabis.
(b) Nothing in this Act shall prohibit an employer from
enforcing a policy concerning the use or possession of drugs,
drug testing, zero-tolerance, or a drug free workplace provided
the policy is applied in a nondiscriminatory manner.
(c) Nothing in this Act shall limit an employer from
disciplining a registered qualifying patient for violating a
workplace drug policy.
(d) Nothing in this Act shall limit an employer's ability
to discipline an employee for failing a drug test, including,
but not limited to, if failing to do so would put the employer

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in violation of federal law or cause it to lose a federal
contract or funding.
(e) Nothing in this Act shall be construed to create a
defense for a third party who fails a drug test.
(f) An employer may consider a registered qualifying
patient to be impaired when he or she manifests specific,
articulable symptoms while working that decrease or lessen his
or her performance of the duties or tasks of the employee's job
position, including symptoms of the employee's speech,
physical dexterity, agility, coordination, demeanor,
irrational or unusual behavior, negligence or carelessness in
operating equipment or machinery, disregard for the safety of
the employee or others, or involvement in an accident that
results in serious damage to equipment or property, disruption
of a production or manufacturing process, or carelessness that
results in any injury to the employee or others. If an employer
elects to discipline a qualifying patient under this
subsection, it must afford the employee a reasonable
opportunity to contest the basis of the determination.
(g) Nothing in this Act shall be construed to create or
imply a cause of action for any person against an employer for:
(1) actions based on the employer's good faith belief that a
registered qualifying patient used or possessed cannabis while
on the employer's premises or during the hours of employment;
(2) actions based on the employer's good faith belief that a
registered qualifying patient was impaired while working on the

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employer's premises during the hours of employment; (3) injury
or loss to a third party if the employer neither knew nor had
reason to know that the employee was impaired.
(h) Nothing in this Act shall be construed to interfere
with any federal restrictions on employment including but not
limited to the United States Department of Transportation
regulation 49 CFR 40.151(e).
(Source: P.A. 98-122, eff. 1-1-14.)