What Happened:
The Chicago Police Board voted to fire Officer Elmer Carrillo Jr. after he tested positive for marijuana. This is the first time a Chicago police officer has been fired for marijuana use since Illinois made recreational cannabis legal in 2020.
The Important Facts:
Who: Officer Elmer Carrillo Jr., a Chicago police officer since 2018
When: He tested positive in November 2023
Why He Was Tested: Carrillo was required to take regular drug tests because he had gotten in trouble before. In 2021, he was caught driving drunk and was suspended for 25 days. Because of this, he had to submit to random drug testing.
What He Said: Carrillo claimed he accidentally ate marijuana gummies at a family party and didn’t know they contained marijuana. He said he didn’t use it on purpose.
The Board’s Decision: The nine-member board didn’t believe his story. They said he showed “poor judgment” by even going to a party where marijuana was present, knowing police officers aren’t allowed to use it.
Read the Official Report:
- WTTW News: Full Police Board Decision – Complete story with details
Why This Is Confusing:
Here’s the tricky part: Marijuana is legal for adults in Illinois, but police officers are NOT allowed to use it—even when they’re off duty.
This creates a situation where:
- Regular Illinois citizens can legally buy and use marijuana
- But police officers can be fired for doing the exact same thing
- Even though marijuana is no longer a crime in Illinois
A Different Case Just Months Earlier:
In July 2025, another Chicago police officer named Marshall Andrews Jr. also tested positive for marijuana. He said he accidentally ate marijuana food at a family barbecue. The Police Board let him keep his job but suspended him for 90 days (about 3 months).
Why Did One Officer Get Fired and the Other Keep His Job?
The main difference: Carrillo had a history of problems (the drunk driving case), while Andrews had a clean record. The Police Board said they decide each case individually based on the officer’s past behavior.
Read About the Other Case:
- Chicago Sun-Times: Officer Marshall Andrews Case – Similar case with different outcome
What the Law Says:
For Police Officers:
- Chicago Police Department policy says officers cannot use marijuana at all
- Officers can be drug tested randomly
- Testing positive can lead to being fired
- This is true even though marijuana is legal in Illinois
For Regular Workers:
- Illinois law protects most employees who use legal products (like marijuana) during their off-duty time
- However, employers can still have drug-free workplace policies
- Safety-sensitive jobs have stricter rules
Learn About Illinois Employment Laws:
- Illinois Legal Aid: Cannabis and Employment FAQs – Explains your rights as an employee
- Illinois Cannabis Drug Testing Laws – Complete guide to workplace drug testing
What Can Carrillo Do Now?
The officer can challenge the Police Board’s decision by going to court. However, this process can be expensive and take a long time.
Other Officers Facing Similar Problems:
The Chicago Police Superintendent (the boss of the police department) is also trying to fire two other officers for testing positive for marijuana:
- Officer David Gibson
- Officer Aramis Williams
Their cases are still pending.
Why This Matters:
This case shows the complicated situation created when:
- A state makes something legal (marijuana)
- But certain jobs still don’t allow it (police officers)
- And federal law still says marijuana is illegal
Important Context:
The federal government still classifies marijuana as illegal, even though many states have made it legal. This creates problems for jobs that involve federal rules, like:
- Police officers
- Firefighters
- Commercial truck drivers
- Federal employees
- Some healthcare workers
What You Need to Know:
If You’re Thinking About Becoming a Police Officer:
- Don’t use marijuana, even though it’s legal in Illinois
- Police departments will test you for drugs during the hiring process
- Using marijuana—even legally—will likely disqualify you from becoming a police officer
- This applies even if you used it months or years ago
If You Have a Regular Job in Illinois:
- Check your employer’s drug policy—it should be in writing
- Even though marijuana is legal, your employer might still test for it
- You can usually use marijuana during your off-duty time, but there are exceptions
- Safety-sensitive jobs may have stricter rules
If You’re Worried About Drug Testing at Work:
- Read your employee handbook or ask HR about the drug testing policy
- Know your rights under Illinois law
- If you think you were fired unfairly, you can file a complain
The Bottom Line:
Even though marijuana is legal in Illinois, police officers cannot use it—even when off duty. This police officer was fired for testing positive, partly because he had gotten in trouble before for drunk driving.
If you work in law enforcement, public safety, or other safety-sensitive jobs, be aware that you probably cannot use marijuana even though it’s legal in your state. Always check your employer’s drug policy before using any substance, even legal ones.
The rules about marijuana and employment are complicated and continue to change as states adapt to new laws. When in doubt, ask HR or a lawyer before making decisions that could affect your job.
Where to Get Help:
If You Lost Your Job Because of a Drug Test:
- Illinois Department of Human Rights
- Phone: 1-312-814-6200
- Website: Illinois.gov/IDHR
- They investigate workplace discrimination complaints
- Equal Employment Opportunity Commission (EEOC)
- Phone: 1-800-669-4000
- Website: EEOC.gov
- Federal agency that enforces employment laws
Legal Help:
- New Leaf Illinois
- Phone: 1-855-963-9532
- Website: Illinois Legal Aid
- Free legal help for cannabis-related issues
