| Drug Testing Issue | Status | Comments | | Instant or POCT Testing | Not Permitted | Quest Diagnostics does not perform instant testing at their drug testing centers in Minnesota. LabCorp drug testing centers in Minnesota do perform instant testing. Instant testing is prohibited for all employee drug testing. |
| Drug Panels | No Restrictions | |
| Laboratory | Certified laboratory required | Alere, Quest and LabCorp are certified |
| Medical Review Officer | Not Required | Recommended to avoid exposure to liability |
| Random Testing | Restricted | Safety sensitive employees only |
| Post-Accident | Limited | Minnesota employers should only conduct post accident drug testing only when they believe the individual caused or contributed to the accident. |
| Reasonable Suspicion | Permitted | |
| Oral Fluids | Permitted | |
| Hair Testing | Permitted | |
| Unemployment Denial | Yes | Benefits are denied if the employee is terminated for intoxication at work including a positive drug test. |
| Workers Comp Discount | No | |
| Intoxication Defense | Yes | No compensation if the intoxication of the employee is the proximate cause of the injury. |
| Medical Marijuana | Yes | To qualify for the program, the individual must suffer from cancer or a terminal illness with a probable life expectancy of under one year. Nothing in the law requires an employer to accommodate the use of marijuana in the workplace. |
| Recreational Marijuana | No | |
| Report Driver DOT Positives | No | |
| General Statute | -- | 181.951 AUTHORIZED DRUG AND ALCOHOL TESTING - Minnesota's Drug and Alcohol Testing Act |
