The most important thing businesses need to do is to address medical marijuana in their drug policy. Employers can prohibit employees from using, but it has be spelled out in a detailed policy. Because medical marijuana is used for people who have a debilitating disease, employees who are able to get a prescription may be protected under the Americans with Disabilities Act (ADA). Reasonable accommodation must be made for these individuals.
Businesses should also address medical marijuana with union reps, discuss potential issues with employees, and talk to an attorney before refusing to hire, disciplining or firing a registered user for a failed drug test.
Program updates are available at www.mcpp.illinois.gov. Joel Harrison will be giving a People in Business presentation on March 10 about what businesses need to do now. We are here to answer your questions and help you craft your business's drug and anti-discrimination policies.