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Minnesota - Considerations for Marijuana in the Workplace

  • Last Update on June 20, 2023

Medical
Marijuana Law:

Recreational
Marijuana Law:

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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.
  • In general, Minnesota’s medical marijuana law provides, (2019 Minnesota Statutes 152.22, 152.32), “…a presumption that a patient enrolled in the registry program … is engaged in the authorized use of medical cannabis.” And that the enrollee’s use, (Subdivision 3 (b)) “…is considered the equivalent of the authorized use of any other medication used at the discretion of a physician and does not constitute the use of an illicit substance…”
  • Unless it would jeopardize federal benefits, 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/or has a positive drug test unless the employee used, possessed, or was impaired on the premises or during work hours.
  • Minnesota has a restrictive drug testing law with a plethora of details that directly intersect with the medical marijuana laws and employment protections. An employer who is going to do drug testing needs to comply with this drug testing law.
  • Caution is still advices when a medical marijuana card holder tests positive for marijuana.

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

  • 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)
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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