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Can I lose my job for a positive marijuana test?

Can I lose my job for a positive marijuana test? Cannabis is legal in Illinois!

Workers in Illinois can lose their job due to a positive marijuana test. Marijuana recreational use is legal in Illinois – but cannabis use is still a federal crime in the United States. According to the Chicago Tribune, almost 55,000 workplace drug policy violations were reported last year to the U.S. Department of Transportation – an increase of 17% from June last year to the same month this year. Employers say part of the increase in workplace drug policy violations is due to the many states that have legalized cannabis use.⁠

A new law proposed by Illinois State Representative (D) Bob Morgan would prohibit workers in Illinois from getting fired solely for a low-level positive result on a marijuana test.⁠ Marijuana drug tests in the workplace would follow the same standard as DUI under the proposed law.

“The intent is to categorize cannabis use on personal time the same way we treat any other substance so long as you’re not impaired in the workplace.”

While some employers are dropping marijuana abstinence as a job requirement, many workers have lost their jobs or not been hired due to a positive marijuana test.

House Bill 4116 will prevent an employer from not hiring someone who tests positive for THC or disciplining an employee for a positive THC drug test unless the level qualifies as impaired under Illinois’ driving under the influence law. THC is the main compound in marijuana that gets users ‘high.’

Have You Lost Your Job Due to Marijuana Use?

Has a positive marijuana test caused you to lose your job, or stopped you from being hired? Illinois employment laws have not been updated to reflect the legalization of marijuana. An experienced criminal defense attorney can help protect your rights

Non-citizens who are applying for legal immigration status should consult an experienced crimmigration attorney on how to deal with legal and illegal marijuana use, criminal history or marijuana industry work or investment.

Having a marijuana conviction in Illinois expunged won’t help immigration cases. An expunged conviction must still be disclosed on an immigration application.

What Is A Crimmigration Lawyer? 
If you are a non-citizen who has been charged or convicted of marijuana possession, your criminal defense attorney must know both immigration and criminal law so that you don’t lose your Green Card – or face deportation. Immigrants and non-citizens who are charged with marijuana possession – even though marijuana is now legal in Illinois – should be careful to hire a criminal defense attorney with experience in both immigration and criminal law. Crimmigration is the practice of criminal defense law for immigrants and non-citizens by lawyers who understand the immigration consequences of criminal convictions.

Illinois Crimigration Attorney

Do you have a question about how Illinois’ marijuana laws, expungement and how they affect immigrants and non-citizens? The crimmigration attorneys at Chicago’s Godoy Law Office fight for the rights of immigrants in Illinois and help immigrants navigate the complex and numerous immigration policies, procedures, and regulations. If you need help with a criminal or immigration issue, please contact our office at 630-912-0322

AREAS WE SERVE: Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties

Lead Counsel Rated
Illinois State Bar Association
American Immigration Lawyers Association