Page 18 - September 2019 FOP Newsletter

Up in Smoke
Common misunderstandings about the legalization of marijuana in Illinois
Let’s start with the basic premise: under the Controlled Substances Act of 1970, U.S. federal law bans the use (and possession) of mari- juana for any reason. Period. Cannabis re-
mains classified as a Schedule I substance, determined “to have a high potential for
abuse and no accepted medical use” — thereby prohibiting even medical use of the drug. At the state level, however, policies regard-
ing the medical and recreational use of cannabis vary greatly, and in many states conflict significantly with federal law — including in the Land of Lincoln.
This summer, the Illinois Legislature passed, and Governor Pritzker signed into law, the Cannabis Regulation and Tax Act, which legalizes and regulates recreational marijuana. Begin- ning Jan. 1, 2020, under the new law, adults 21 years and older may possess up to 30 grams of marijuana. Those using me- dicinal marijuana will be allowed to grow marijuana at home, although recreational users are still prohibited from home growing.
One cannot turn on the news lately without being bom- barded with news that various states throughout the coun-
try have legalized either medicinal marijuana use (33 states) or recreational marijuana use (Illinois becoming the 11th state), or both. This article does not seek to offer any opinion on the recent passage of Illinois law, but rather on how such legalization may impact the employment
relationship of our members.
Recreational marijuana use will be legal in one’s own
home (and at on-site, cannabis-related businesses). The law does prohibit the use of recreational marijuana in various places, including inside a motor vehicle; on school grounds; near someone under the age of 21; in any public place (such as streets or parks); or near an on-duty school bus driver, police officer, firefighter or corrections officer. Further, any person, business or landlord can prohibit use on private property.
Tetrahydrocannabinol (THC) is one of two natural com- pounds found in the cannabis plant. THC is the main psycho- active compound in marijuana that gives the high sensation. Illinois already has a law on the books that makes drivers with THC blood concentration of five nanograms or more per milliliter guilty of driving under the influence, regardless of whether the driver is impaired. The new law creates a DUI Task Force led by Illinois State Police to examine best practices
PAT FIORETTO
18 CHICAGO LODGE 7 ■ SEPTEMBER 2019