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Governor signs cannabis trailer bill; allows L.E. to prohibit off-duty use12/5/2019 12:33:00 PM
Governor signs cannabis trailer bill; allows Law Enforcment Agencies to prohibit off-duty use
On December 4, 2019, Governor Pritzker signed the trailer bill amending the new marijuana law. It includes language to allow law enforcement agencies to prohibit off-duty use of marijuana.
The new language is in House Amendments 1 and 2 to SB 1557. link to document
The changes make clear that police and fire can be forbidden from possession or use of marijuana. The changes also makes clear that random drug testing is allowed, and employees can be fired or have job offers rescinded.
The bill does allow people in the same household as law enforcement to consume and smoke marijuana in that household, even if the law enforcement officer is prohibited from using.
Excerpt from page 157
(410 ILCS 705/10-35) Sec. 10-35. Limitations and penalties.
(a) This Act does not permit any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, any of the following conduct:
(8) the use of cannabis by a law enforcement officer, corrections officer, probation officer, or firefighter while on duty; nothing in this Act prevents a public employer of law enforcement officers, corrections officers, probation officers, paramedics, or firefighters from prohibiting or taking disciplinary action for the consumption, possession, sales, purchase, or delivery of cannabis or cannabis-infused substances while on or off duty, unless provided for in the employer's policies.
However, an employer may not take adverse employment action against an employee based solely on the lawful possession or consumption of cannabis or cannabis-infused substances by members of the employee's household. To the extent that this Section conflicts with any applicable collective bargaining agreement, the provisions of the collective bargaining agreement shall prevail. Further, nothing in this Act shall be construed to limit in any way the right to collectively bargain over the subject matters contained in this Act; or
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