Peoria County government is updating its drug-free workplace policy to accommodate medical cannabis. The update strikes a tough balance between Illinois’ Compassionate Use of Medical Cannabis Pilot Program Act and the federal law that defines marijuana as an illicit substance.
Under the amended policy individuals who use cannabis for medical purposes must take unpaid medical leave or quit their job.
Tom Howard is a Peoria attorney who's written about the legality of marijuana use. He says the proposed county policy puts an employee, for example one undergoing chemo, locked into a tough decision.
“Between keeping their job and their health care, their health insurance that they’re going to need because cancer’s expensive to treat, or having the best medical treatment option available to them,” Howard said.
Peoria County Assistant State’s Attorney Bill Atkins drafted the amendment, which he says is based off similar ones written by private and public organizations in states where marijuana is legal. Atkins didn't specify the names of the entities.
Atkins says Peoria County is upholding the federal law, which classifies marijuana as an illicit drug. Federal law also gives employers the freedom to draft their own drug free workplace policies.
Illinois’ Compassionate Use Act that passed in 2013 says employers cannot penalize or discriminate against employees who are registered medical marijuana card holders.
Atkins says under the revised policy, employees who decide to take medical cannabis can't return to work until the drug is completely out of their system. Violations of the county's drug-free workplace policy are grounds for discipline, including being fired.
The board is expected to vote on the amended drug-free workplace policy during its meeting Thursday.