Residents of Illinois who choose to use medical marijuana might be risking their jobs if their workplaces choose to adopt a zero-tolerance drug protocol.
While patients will be protected from law enforcement and arrest, there is nothing in the law that states employers have to adhere to this code. Experts say that hopefully many employers will see this as an opportunity to alter their already in place drug testing protocol to make room for medical marijuana.
Nesheba Kittling, an attorney in Chicago whose focus is on workplace conflict, is quoted saying “We’ll get people who have a smaller workforce who envision someone having cancer and using medical marijuana to help with the cancer. They wonder, ‘Do I really have to terminate them?’ At the end of the day it’s up to you”. Kittling also goes on to talk about how similar issues have come up in other medical marijuana friendly states like California, Arizona, and Oregon where employees have sued over what they considered wrongful termination for the use of medical marijuana and won.
It will be a case-by-case scenario for employers when deciding on how to handle the newly implemented medical marijuana.