Pub. 10 2020 Issue 1

16 AUTOMOBILE DEALER NEWS ILLINOIS www.illinoisdealers.com Recreational Cannabis Is Here – Information for the Employer T he Illinois Cannabis Regulation and Tax Act made recreational use of cannabis legal under Illinois law starting Jan. 1, 2020. The Act prohibits employers from taking actions against employees or job applicants based on the use of products that are lawful under state law, and as of Jan. 1, 2020, cannabis is lawful under Illinois law. While employers cannot control what their employees do away from the workplace, there are some steps that dealers can take to blunt the impact the Act will have on dealership operations. Legislation signed by the Governor Dec. 4, 2019, clarified actions that are permissible for employers. Below are some of the do's and don'ts for employers under the Illinois Cannabis Regulation and Tax Act. One of the most important steps dealers can take is to adopt a reasonable and nondiscriminatory workplace drug policy. Section 10-50 of the Act provides that an employer may do any or all of the following: 1. Adopt a reasonable zero tolerance or drug- free workplace policy, which can include prohibitions against smoking, consumption, use, being under the influence of, or storage of cannabis in the workplace or while on call or while performing job duties, provided that the policy is applied on a nondiscriminatory manner. 2. Adopt a reasonable employment policy concerning drug testing, provided that the policy is applied on a nondiscriminatory manner. 3. Discipline or terminate an employee for violating a reasonable andnondiscriminatory employment policy or workplace drug policy. Aworkplace drug policy for cannabis can be very similar to an employer's policy regarding alcohol use, consumption possession and impairment. However, because cannabis can show up in drug tests well after impairment has ended, there is not a clear-cut test for cannabis impairment like blood alcohol tests for alcohol impairment. 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 job position duties or tasks, including symptoms of the employee's speech, physical dexterity, agility, coordination, demeanor, irrational or unusual behavior, or negligence or carelessness in operating equipment or machinery; disregard for his or her own safety or the safety of others, or involvement