ROCKFORD, Ill. (WTVO) — Imagine this. It’s Thursday. You’re sitting at your desk and your HR manager reluctantly enters your office.
“Time for your random drug test,” she tells you.
You’re not nervous. You’re living clean. But, according to CleanFleet, close to 4% of all drug tests are indeed positive.
Then, the idea hits you: could you sell your urine to that guy down the hall that looks (and smells) like he just got back from spending a week or two on the road with Phish?
According to Illinois law, it is illegal to possess, manufacture, or sell substances or methods that can help people cheat on drug tests. This includes synthetic urine, adulterants, or devices that help individuals smuggle those materials into a drug test.
In 2019, a suburban Chicago tobacco store owner was charged with selling “synthetic urine kits,” according to NBC Chicago.
After recreational marijuana use was made legal in Illinois in 2020, employers can still have policies related to drug testing, smoking or consuming cannabis while at the workplace, or performing job duties, and can prohibit an employee from using or being under the influence of marijuana while at work.
The Illinois Right to Privacy in the Workplace Act makes it “unlawful for an employer to refuse to hire or to discharge any individual [or to disadvantage as to compensation or terms of employment] because the individual uses lawful products off the premises of the employer during non-working and non-call hours.”
This means workers can’t be punished if they use marijuana on their own time, as long as they don’t use it at work or show up to work under the influence.
Employers are still legally allowed to have zero-tolerance policies for workplace marijuana use.
And yes, you can be fired.
Illinois residents over 21 years of age can possess 30 grams of cannabis flower, 500 milligrams of THC-infused cannabis products, and 5 grams of cannabis concentrate.