Know your rights at home and at work
As medical marijuana dispensaries begin to take root in Illinois, parents and workers who have a license to use the medicinal drug may still face sanctions.
Illinois’ legalization policies may leave families with children vulnerable to scrutiny by the Illinois Department of Children and Family Services. Likewise, employees who use medical marijuana may still be subject to drug testing at work.
Two years after Illinois legalized the use of medical marijuana, Springfield’s first dispensary, Health Central Illinois Alternatives (HCI) will opens its doors to licensed medical marijuana users on Feb. 15. For some residents, the problem will arise when a medical marijuana license does not protect them from being reported for potential neglect or abuse of a child or from being drug-tested by their employer.
Ginnette Comstock, president of the Central Illinois Chapter of the Society for Human Resource Management, says medical marijuana users will have to be cautious about what jobs they apply for.
“This may eliminate jobs in the field of law enforcement and nursing for people who choose to use medical marijuana,” Comstock said. “Until it becomes legal federally, Manpower, a job recruitment center based in Springfield, is going to follow consistent drug policies.”
Some employers like First Student, the school bus service for District 186, conduct drug tests throughout a person’s time of employment.
“Regardless of whether the state offers this program, we have a zero-tolerance drug policy,” said Jay Brock, First Student spokesperson. “If a potential or current employee tests positive for any drug, they will be terminated.”
Parents who choose to smoke medical marijuana also need to ensure that an underage child is not around.
“The bill we passed requires that a person not smoke medical marijuana in front of a child,” said Illinois Rep. Lou Lang, D-Chicago. Lang was the original sponsor of the bill that became the Compassionate Use of Medical Cannabis Pilot Program Act.
Lutheran Family Services of Springfield rules and DFCS regulations mirror the medical marijuana law passed by the legislature, which says that “one is not permitted to knowingly smoke in close physical proximity to anyone under the age of 18 years old.”
The law also provides that a person’s custody or visitation rights with a minor cannot be denied. Under this act, there is no presumption of neglect or child endangerment for the conduct allowed by the law.
However, in 2011, DCFS received a complaint alleging that a single mother who smoked K-3, a legal form of synthetic marijuana, while her child slept was potentially neglecting and abusing her child. Even after passing all of the required investigations – including weekly drug tests – the court still denied the mother custody rights to the child.
With the help of the Family Defense Center, based in Chicago, the mother appealed to the Second District Appellate Court, which ruled in her favor.
“We were successful in getting a demand for substance abuse dropped and treatment rescinded when we were able to show the person was eligible for medicinal use of marijuana,” said Diane Redleaf, executive director of the Family Defense Center.
In 2015, the appellate court ruled that DCFS did not provide any evidence that plaintiff’s use of K-3 produced a substantial state of stupor, unconsciousness or irrationality such that she placed the child in a situation that would likely require judgment or actions greater than his level of maturity.
Medical marijuana can be consumed using alternative methods, including skin patches, lotions, candies, cookies, “vape” juice, flour, and more.
“Many people who use medical marijuana don’t smoke it; they use alternative methods,” Lang said.
Contact Brittany Hilderbrand at [email protected].
