HB 3431 Illinois House · 102nd Regular Session

COMPASSIONATE USE-LIABILITY

Summary
Amends the Compassionate Use of Medical Cannabis Program Act. Provides that employers are not prohibited from adopting specified policies concerning medical cannabis by registered qualifying patients, including drug testing policies for such patients working in safety sensitive positions. Unless specified circumstances are met, prohibits employers from taking adverse action against registered qualifying patients who work in non-safety sensitive positions solely due to a positive drug test for medicinal cannabis. Defines "safety sensitive position". Provides that nothing in the Act prohibits an employer from enforcing a preemployment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug free workplace policy (rather than only a workplace drug policy) or disciplining a registered qualifying patient for violating such a policy, provided that an employer shall not take adverse action against a registered qualifying patient in a non-safety sensitive position solely due to a positive drug test for medical cannabis (rather than due to a positive drug test for cannabis) unless specified criteria are met. Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of a registered qualifying patient when enforcing a compliant policy. Makes other changes. Amends the Right to Privacy in the Workplace Act. Provides that the amendatory Act's provisions are an exception to provisions prohibiting an employer from refusing to hire or to discharge or disadvantage any individual because the individual uses lawful products off the premises of the employer during nonworking and non-call hours. Effective immediately. House Floor Amendment No. 1 Provides that "safety sensitive position" includes, but is not limited to, a position in which a lapse of attention could result in injury, illness, death, or damage to property, including, among other specified positions, road or commercial construction.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2021
Committee Review
Floor Vote
Governor
Introduced Feb 19, 2021 Last action Jan 10, 2023
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
18
Key actions
4
Committee
7
Amendments
2
Apr 23, 2021
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Apr 16, 2021
Lower · Passed
House Floor Amendment No. 1 Adopted
lower
Apr 15, 2021
Lower · Passed
House Floor Amendment No. 1 Recommends Be Adopted Labor & Commerce Committee; 028-000-000
lower
Apr 14, 2021
Lower · Passed
House Floor Amendment No. 1 Rules Refers to Labor & Commerce Committee
lower
Apr 13, 2021
Committee
House Floor Amendment No. 1 Referred to Rules Committee
lower
Apr 13, 2021
Introduced
House Floor Amendment No. 1 Filed with Clerk by Rep. Bob Morgan
lower
Mar 24, 2021
Lower · Passed
Do Pass / Short Debate Labor & Commerce Committee; 025-000-000
lower
Mar 16, 2021
Committee
Assigned to Labor & Commerce Committee
lower
Feb 22, 2021
Committee
Referred to Rules Committee
lower
1 primary · 1 co-sponsor

Sponsors