Minnesota Marijuana Laws & Considerations

Regarding marijuana it is completely legal in Minnesota. An employer may not discriminate against a person in hiring, termination, or any terms of employment, or otherwise penalize a person who is a verified medical marijuana patient and has a positive drug test – unless the employee used, possessed, or was impaired on the premises or during work hours. Testing for marijuana may be restricted and must be addressed in a Company drug testing policy.

Medical Marijuana

Recreational Marijuana

Employer Concerns – Significant to Review

Recreational marijuana legalization and amendment of medical marijuana law – HF 100 – Passed – 05/30/23
An employer cannot fire, discipline, or refuse to hire someone from using “lawful consumable products” such as cannabis outside of work and while off duty. Employers may continue to bar cannabis possession and use during work hours, at the workplace, or while using company equipment.
An employer can prohibit possession, use or being under the influence at the workplace.
With some exceptions, pre-employment testing for cannabis is prohibited
For current employees cannabis testing is prohibited as part of routine physical examinations or on an “arbitrary and capricious basis.
Exceptions include: DOT regulated positions; Safety-sensitive positions; Peace-officer positions; Firefighter positions Positions requiring face-to-face care, training, education, supervision, counseling, consultation, or medical assistance to (i) children, (ii) vulnerable adults, or (iii) patients receiving healthcare services from a provider; Positions requiring a commercial driver’s license or the employee to operate a motor vehicle for which federal or state law requires drug or alcohol testing; Positions of employment funded by a federal grant; and all other positions for which federal or state law requires cannabis testing.
Employers may continue to test for cannabis for employees in treatment-programs as well as in reasonable-suspicion testing including a work accident or upon reasonable belief that an employee has violated a written policy’s cannabis restrictions while on duty.

Testing

Minnesota has a restrictive drug testing law with a plethora of details that intricately ties to the state’s medical marijuana law and employee protections.
An employee may present verification of being a legal medical marijuana patient for the purposes of explanation of a positive marijuana drug test.

Hiring/Termination

Review carefully any situation involving a positive cannabis test before a termination of empoloyment.
An employer may not discriminate against a person in hiring, termination, or any terms of employment, or otherwise penalize a person who is a verified medical marijuana patient, has a positive drug test unless the employee used, possessed, or was impaired on the premises or during work hours.
An employer cannot fire, discipline, or refuse to hire someone from using “lawful consumable products” such as cannabis outside of work and while off duty. Employers may continue to bar cannabis possession and use during work hours, at the workplace, or while using company equipment.

Discipline

See Significant above.

Use/Possession

Does not permit patient use of flowers, but instead only permits extracts and other preparations (e.g., liquids, pills, topical creams or vaping).

Smoking is prohibited.

May not consume in public.

An employer can prohibit possession at the workplace.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)

Minnesota has a restrictive drug testing law with a plethora of details that an employer who is going to do drug testing needs to comply with, including the employer must offer counseling or rehabilitation at his or her expense on a first positive drug test.
There are definitions throughout Minnesota statutes that are relevant to the employer dealing with employee use of medical marijuana, doing drug testing, and/or attempting to deny unemployment or workers’ compensation claims.
- Minnesota’s Department of Labor and Industry adopted a rule that removed marijuana from its “illegal substances” list which may affect reimbursement for medical treatment (i.e., workers’ compensation.)
Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

Sources

(e.g., Bill Number, Authority)

Minnesota Stat. Ann. 152.32 – Medical marijuana
Minnesota Stat. Ann. 181.950 to 957 – Drug testing law
MSA 176.011 – Drug testing related
MSA 152.01 – Drug testing related
Minnesota Stat. Ann. 268.095 – Unemployment related
Minnesota Stat. Ann. 176.021 – Workers’ compensation related

Disclaimer

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

Caution

Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

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