Illinois Drug Laws
We are going to explore two aspects of Illinois drug laws and the information necessary to learn how to pass a drug test in Illinois.
Learning The Basics Of Illinois Drug Laws.
First, we are not attorneys and can not provide specific advice on the Illinois Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Illinois drug laws.
Second, for those of you who are concerned with those Illinois Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Illinois.
There Are Four Major Drug Tests Given In .
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Illinois.
Illinois Drug Laws For Employees.
Illinois law doesn’t have much to say on the topic of drug testing. Although many states have statutes that lay out the circumstances when an employer may and may not require drug testing, Illinois isn’t one of them. In Illinois, the law doesn’t encourage or prohibit testing. However, the state’s discrimination law explicitly states that it is not illegal for employers to require drug tests of employees who have been or are in a drug rehabilitation program.
Even though Illinois law doesn’t expressly prohibit drug testing, an employer may run into legal trouble based on the way it conducts the test or who it decides to test. Here are some examples:
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Illinois? Even though Illinois Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Illinois Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Illinois employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Illinois Drug Laws.
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The Illinois Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Illinois For Breaking Illinois Drug Laws For Marijuana, Not Federal Or Local Laws.
Illinois Drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Illinois behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Illinois using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Illinois is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of Illinois Drug Test Laws.
- Who Gets Tested – Illinois has a required drug testing law. This means that certain individuals must be tested if involved in certain types of jobs or activities. This is to ensure the safety of the public at all times. Otherwise drug testing is at the discretion of the employer.
- Types of Drugs – The state of Illinois requires no specific drugs be tested for. It is up to the employer to decide what drugs they wish to look for. Of course it is standard practice to test for those drugs that will cause impairment and the inability to safely complete a job.
- Company Disclosure – There is no requirement for a company, public or private, to post notice in a public area that they conduct drug testing.
- Written Policy -Only public works requires a written policy on drug testing. Otherwise no employer, public or private, must have a written statue in the employee handbook that describes the companies policy regarding drug use and drug testing.
- Test Types -There are no state laws or statutes that require mandatory types of testing by a company either public or private. There a company can opt for drug testing using hair sample, blood sample, or urine sample.
- Drug Test Fees -All fees are the responsibility of the employer. No employer, public or private, can require any employee pay for any drug testing regardless of the type of testing of frequency of testing.
- Who Must Be Tested -Only public works contractors and public works subcontractor must test their employees for both alcohol and drug use. Otherwise there are no regulations requiring any other worker to undergo drug or alcohol testing. However, companies that work with the public or who conduct business of a sensitive nature will usually do drug and/or alcohol testing.
- Where Does Testing Take Place -There is not set laboratory or hospital where testing must occur. An employer can choose any facility that conducts drug testing. It does not matter if it is a hospital, laboratory, or doctor’s office.
- Is there a Set Time for Drug Testing? -Only public works contractors as well as subcontractors must be tested prior to starting work for the company and ultimately for the public. In addition this type of company is required to conduct drug and alcohol testing for any employee involved in an accident or who is suspected of using drugs or alcohol. Otherwise there is no set rule, law or statute that states when a company, public or private, must do their drug testing.
- What Happens if the Test is Positive? -A public works contractor and a public works subcontractor that has an employee that tests positive for drugs must be fired and could be prohibited from re-hire with any other company for that particular job. Otherwise a company, public or private, is under no obligation to fire or prosecute an employee that has tested positive for drug use.