Marijuana Allowed? Bensenville Arbitrator Rules

BENSENVILLE, IL – An arbitrator last month sided with the union in Bensenville Fire District No. 2 on whether to allow firefighters to use recreational marijuana off duty.

During negotiations, the district's administration proposed to bar firefighters from using marijuana recreationally off duty.

In his decision, arbitrator Marvin Hill listed more than 30 fire departments in Illinois that have dropped off-duty marijuana prohibitions from their union contracts.

"Bensenville is not alone in securing provisions where cannabis/marijuana is not treated as an illegal drug for purposes of testing," Hill wrote in his July ruling.

At the same time, Hill said the administration advanced valid concerns with firefighters testing positive for marijuana after an accident or as the result of testing based on reasonable suspicion.

"No firefighter needs a positive test for marijuana after an accident, especially if a citizen is injured or killed," Hill said.

The union said the administration had no ideological objection to the recreational use of marijuana until the last minute in negotiations. In the union's eyes, Hill said, management simply wanted more from the union in the talks.

Patch obtained the arbitrator's 32-page ruling through a public records request to the fire district.

In 2019, recreational marijuana became legal in Illinois, subject to regulations.