Bill Text: IL HB4623 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Compassionate Use of Medical Cannabis Program Act. Provides that employers are not prohibited from adopting specified policies concerning medical cannabis by registered qualifying patients, including drug testing policies for such patients working in safety sensitive positions. Unless specified circumstances are met, prohibits employers from taking adverse action against registered qualifying patients who work in non-safety sensitive positions solely due to a positive drug test for medicinal cannabis. Defines "safety sensitive position". Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of a registered qualifying patient when enforcing a compliant policy. Makes other changes. Amends the Right to Privacy in the Workplace Act. Provides that the amendatory Act's provisions are an exception to provisions prohibiting an employer from refusing to hire or to discharge or disadvantage any individual because the individual uses lawful products off the premises of the employer during nonworking and non-call hours. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4623 Detail]

Download: Illinois-2019-HB4623-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4623 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
410 ILCS 130/50
820 ILCS 55/5 from Ch. 48, par. 2855
Amends the Compassionate Use of Medical Cannabis Program Act. Provides that employers are not prohibited from adopting specified policies concerning medical cannabis by registered qualifying patients, including drug testing policies for such patients working in safety sensitive positions. Unless specified circumstances are met, prohibits employers from taking adverse action against registered qualifying patients who work in non-safety sensitive positions solely due to a positive drug test for medicinal cannabis. Defines "safety sensitive position". Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of a registered qualifying patient when enforcing a compliant policy. Makes other changes. Amends the Right to Privacy in the Workplace Act. Provides that the amendatory Act's provisions are an exception to provisions prohibiting an employer from refusing to hire or to discharge or disadvantage any individual because the individual uses lawful products off the premises of the employer during nonworking and non-call hours. Effective immediately.
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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
Program Act is amended by changing Section 50 as follows:
(410 ILCS 130/50)
Sec. 50. Employment; employer liability.
(a) Nothing in this Act shall prohibit an employer from
adopting a reasonable policy regulations concerning drug
testing for, smoking, vaping, consuming, storing, or using
medical cannabis by registered 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 preemployment drug testing policy concerning drug
testing, zero-tolerance drug testing policy, random drug
testing policy, or a drug free workplace provided the policy is
applied to registered qualifying patients working in safety
sensitive positions in a nondiscriminatory manner.
For purposes of this Section, "safety sensitive position"
means any position designated in writing by the employer as a
safety sensitive position in which the person performing the
position, or duties required of the position, while under the

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influence of cannabis, may constitute a threat to or endanger
the health or safety of themselves or others. "Safety sensitive
position" includes, but is not limited to, the following:
(1) A position that requires any of the following:
(A) carrying a firearm;
(B) performing medical procedures,
life-threatening procedures, or emergency services;
(C) providing direct child care, direct patient
care, or the supervising of such care;
(D) direct responsibility for the safety or
security of people, children, animals, or property, or
the supervising of someone with that direct
responsibility;
(E) working with hazardous or flammable materials,
controlled substances, or pharmaceuticals;
(F) access to or control over cash, checks, credit
cards, credit card account information, or the
authority or ability to commit financial resources of
the business or organization, in an amount that is:
(i) set by the business or organization that
could detrimentally impact the business or
organization with a supporting written
explanation;
(ii) $5,000 or more; or
(iii) required of the registered qualifying
patient as a standard fidelity bond or an

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equivalent bond; or
(G) access to or responsibility for sensitive
personal identifying information of individuals,
including, but not limited to, social security numbers
or biometric information; or
(H) handling food or beverages.
(2) A position in which a lapse of attention could
result in injury, illness, death, or damage to property,
including without limitation a position that includes, but
need not be limited to, operating, repairing, maintaining,
monitoring, or designing equipment, machinery, critical
services and infrastructure, aircraft, motorized
watercraft, or motor vehicles as part of the position's job
duties.
(3) A position wherein undertaking any task under the
influence of cannabis could constitute negligence,
professional malpractice, or professional misconduct.
(c) Nothing in this Act shall limit an employer from
disciplining a registered qualifying patient for violating a
workplace drug policy. However, an employer shall not take
adverse action against a registered qualifying patient in a
non-safety sensitive position solely due to a positive drug
test for cannabis, unless:
(1) the test result exceeds the limits set forth in
Section 11-501.2 of the Illinois Vehicle Code;
(2) the registered qualifying patient failed to

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provide written notice under the employer's policy that:
(A) the registered qualifying patient was cleared
to work; or
(B) a restriction regarding notification of the
use of a prescription or nonprescription drug that
could affect the registered qualifying patient's job
performance applies to the registered qualifying
patient; or
(3) the registered qualifying patient failed to
certify to his or her employer or the employer's medical
review officer during a drug test that he or she is a
registered qualifying patient.
Notice under this subsection shall not require the
registered qualifying patient to provide the condition for
which he or she is using medical cannabis.
(d) Nothing in this Act shall limit an employer's ability
to discipline a registered qualifying patient 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.
(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 tests positive for
cannabis that exceeds the limits set forth in Section 11-501.2
of the Illinois Vehicle Code, or manifests specific,

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articulable symptoms while working that decrease or lessen his
or her performance of the duties or tasks of the registered
qualifying patient's 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 registered
qualifying patient 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 registered
qualifying patient employee or others. If an employer elects to
discipline a registered qualifying patient under this
subsection, it must afford the registered qualifying patient
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
employer's premises during the hours of employment; (3)
disciplining or terminating the employment of a registered
qualifying patient when enforcing a drug policy in compliance

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with this Section; or (4) (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.)
Section 10. The Right to Privacy in the Workplace Act is
amended by changing Section 5 as follows:
(820 ILCS 55/5) (from Ch. 48, par. 2855)
Sec. 5. Discrimination for use of lawful products
prohibited.
(a) Except as otherwise specifically provided by law,
including Section 10-50 of the Cannabis Regulation and Tax Act
and Section 50 of the Compassionate Use of Medical Cannabis
Program Act, and except as provided in subsections (b) and (c)
of this Section, it shall be unlawful for an employer to refuse
to hire or to discharge any individual, or otherwise
disadvantage any individual, with respect to compensation,
terms, conditions or privileges of employment because the
individual uses lawful products off the premises of the
employer during nonworking and non-call hours. As used in this
Section, "lawful products" means products that are legal under

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state law. For purposes of this Section, an employee is deemed
on-call when the employee is scheduled with at least 24 hours'
notice by his or her employer to be on standby or otherwise
responsible for performing tasks related to his or her
employment either at the employer's premises or other
previously designated location by his or her employer or
supervisor to perform a work-related task.
(b) This Section does not apply to any employer that is a
non-profit organization that, as one of its primary purposes or
objectives, discourages the use of one or more lawful products
by the general public. This Section does not apply to the use
of those lawful products which impairs an employee's ability to
perform the employee's assigned duties.
(c) It is not a violation of this Section for an employer
to offer, impose or have in effect a health, disability or life
insurance policy that makes distinctions between employees for
the type of coverage or the price of coverage based upon the
employees' use of lawful products provided that:
(1) differential premium rates charged employees
reflect a differential cost to the employer; and
(2) employers provide employees with a statement
delineating the differential rates used by insurance
carriers.
(Source: P.A. 101-27, eff. 6-25-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.