How legal cannabis could cloud Illinois employers’ ability to enforce drug-free policies

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Recreational cannabis will be legal in Illinois in less than two months, and some employers are scrambling to understand what legalization will mean for their drug-free policies. Specifically, the new law pits an employee’s right to use marijuana recreationally on their own time against an employer’s ability to enforce drug-free policies under Illinois’ Cannabis Regulation and Tax Act . “That’s the inherent contradiction,” said Thomas Berry, a principal attorney at the law firm Jackson Lewis.

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