No city jobs for medical marijuana users

If you’re licensed to use medical marijuana and are employed by the City of Springfield, you may want to start looking for a new job.

Because of the city’s drug policy, workers face uncertainty about holding a city job while using medical marijuana, even if they’re legally allowed to.

While licensed medical marijuana consumers can use the alternative drug legally in Illinois, the city’s policy mirrors the federal Drug-Free Work Place Act, which bans any use of controlled substances such as alcohol, heroin and marijuana while working.

An anonymous medical marijuana supporter told Illinois Times that at least one city employee has been fired after testing positive for medical marijuana. The City of Springfield’s human resource office denied the claim, stating that there have not been any such terminations.

Julia Frevert, communications director for the City of Springfield, says the city is still operating under the Drug-Free Workplace policies which were in place prior to the implementation of the state’s medical marijuana pilot program.

“The courts have recognized that employers may maintain their established drug and alcohol policies for drug-free work environments,” Frevert said.

Joseph Wright, the director of Illinois’ medical cannabis pilot program, confirmed that, “The medical cannabis act contains no exception to employer-mandated drug testing for medical cannabis patients.”

It’s easy to see why the situation may be confusing for workers, who may mistakenly see medical marijuana as a prescription drug under state law.

Marijuana is still illegal under federal law, but the federal government has announced it would no longer prosecute people who use the drug under a state program like Illinois’ Compassionate Use of Medical Cannabis Pilot Program.

Even so, the federal Drug-Free Workplace Act remains in place, requiring any organization that receives federal grants – including the City of Springfield – to maintain a drug-free workplace. The city’s policy bans “controlled substances” like cocaine, opiates and marijuana, while prescription and over-the-counter drugs can be used under certain restrictions.

To be licensed under the state medical marijuana program, a doctor must issue a certification declaring that a person suffers from one of the approved conditions. The involvement of a doctor may lead patients to see their medical marijuana as a prescription drug rather than an illegal one, but doctors can’t prescribe medical marijuana because of how it’s classified under federal law.

The city’s policy requires an employee who uses a substance with a label warning of impaired mental functioning or judgment to tell a supervisor in writing. However, the Illinois Department of Agriculture confirms that there is no such label for medical marijuana products. That may lead employees to believe medical marijuana is allowed under the city’s policy.

Illinois NORML, an organization that advocates for medical marijuana consumers, believes that users should be treated the same as prescription drug users in the workplace.

“We want to see medical marijuana employees treated the same as other employees who take prescription medication” said Dan Linn, executive director of NORML. “There is an exception made in work place policies for people who take various opiates. Medical marijuana is safer in our opinion.”

For now, the City of Springfield will continue to adhere to the federal policy banning medical marijuana in the workplace – even when used legally under state law.

“This is a reminder that the City of Springfield will continue to maintain and enforce its Drug-Free Workplace Policy, Drug and Alcohol Testing Policy and procedures and the language contained within applicable collective bargaining agreements,” Frevert said. “Therefore, any cannabis usage, including medical marijuana, will not be accepted as a defense to the city’s policy.”

Contact Brittany Hilderbrand at [email protected]