Community Corner
EMPLOYERS CANNOT FIRE OR REFUSE TO PROMOTE EMPLOYEES USING MEDICAL CANNABIS
Employers need to know employee rights under the new law.
New Illinois Law Protects Employees Using Medical Cannabis
On January 1, 2014, the Illinois cannabis law was implemented. Signed by Governor Pat Quinn, in January 2013, this law draws from the best standards and practices of 20 other states allowing residents of the state to use cannabis as a medicine under the direction of their physician.
The new law can present legal problems for Human Resource Departments of mid-to-large companies and smaller businesses that do not adjust their policies accordingly. Employees can not be fired for using medical cannabis (also known as marijuana). However, employers may need to adjust their workplace policies to prevent workers from becoming impaired or causing accidents on the job.
According to the Illinois law, private businesses do have the right to restrict or prohibit the use of cannabis on their premises in order to avoid accidents. By law, the patient cannot operate, navigate or be in physical control of a motor vehicle, aircraft or motorboat while using or under the influence of cannabis, or there will be penalties.
A person who wishes to use medical cannabis must be registered and have a Registry Identification Card issued from the Department of Public Health (DPH). To be eligible for this card, the “Qualifying patient” must have been diagnosed by a physician as having a qualifying debilitating medical condition.
If your employee has this card, he or she can solely because he/she holds a medical cannabis patient identification. This registered qualifying patient or a registered designated caregiver can not be penalized. This registered qualifying patient or a registered designated caregiver cannot be penalized. People with debilitating medical conditions that qualify under this new law include: cancer, glaucoma, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, severe fibromyalgia, spinal cord disease, Rheumatoid arthritis, Multiple Sclerosis, Parkinson’s, various pain syndromes, plus many other medical conditions.
“The Medical Marijuana Institute (MMI) is an Illinois-formed company that provides training and education for the industry, employees, Human Resource Managers and business owners,” says Silvia Orizaba, educator and consultant with the MMI.
If you would like more information about patients’ rights or employers’ responsibilities, please contact MMI at: 888-746-6439.
