The Illinois General Assembly passed the Cannabis Regulation and Tax Act (“the Act”) (HB 1438) on May 31, 2019, legalizing marijuana for recreational purposes. Governor J.B. Pritzker has stated he will sign the bill and it will take effect on January 1, 2020. The Act will allow anyone over the age of 21 to possess, use, or buy marijuana. More significantly, marijuana will be considered a “lawful product” for purposes of the Illinois Right to Privacy Act, which bars discrimination against employees and applicants for using lawful products off-duty and off of the employer’s premises. For employers, the end of Illinois’ prohibition on recreational use invites a host of practical problems moving forward.
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