Bill Text: IL HB4478 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Compassionate Use of Medical Cannabis Program Act. In provisions regarding employment and employer liability: (1) replaces references to "employees" with "registered qualifying patients"; and (2) provides that nothing in the Act prohibits an employer from adopting a reasonable policy (rather than regulations) concerning, among other things, the use of medical cannabis by registered qualifying patients (rather than timekeeping requirements for them). Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-04 - Referred to Rules Committee [HB4478 Detail]

Download: Illinois-2019-HB4478-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4478 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
410 ILCS 130/50
Amends the Compassionate Use of Medical Cannabis Program Act. In provisions regarding employment and employer liability: (1) replaces references to "employees" with "registered qualifying patients"; and (2) provides that nothing in the Act prohibits an employer from adopting a reasonable policy (rather than regulations) concerning, among other things, the use of medical cannabis by registered qualifying patients (rather than timekeeping requirements for them). Effective immediately.
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A BILL FOR
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AN ACT concerning regulation.
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 reasonable policy regulations concerning the
consumption, storage, or use of medical cannabis by registered
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 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 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

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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 the registered qualifying patient
he or she manifests specific, articulable symptoms while
working that decrease or lessen the registered qualifying
patient's his or her performance of the duties or tasks of the
registered qualifying patient's employee's job position,
including symptoms of the registered qualifying patient's
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

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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) injury
or loss to a third party if the employer neither knew nor had
reason to know that the registered qualifying patient 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 99. Effective date. This Act takes effect upon
becoming law.