Effective July 1, 2022, Minnesota residents who are at least 21 years old can legally purchase and consume edible and drinkable products containing hemp-derived tetrahydrocannabinols (THC), which is the primary intoxicant found in cannabis plants.
How this will affect employers’ drug testing programs in Minnesota is uncertain at this time. Prior to the law being passed, employers could consider positive tests for THC as an indication that the applicant or employee had illegally used the drug.
When this new law is combined with Minnesota’s lawful consumable products law, which protects employees from being disciplined from partaking in lawful activities outside of work, employers may need to reconsider their marijuana testing programs for applicants and employees.
Employers still appear to be able to enforce policies regarding using or being under the influence of THC during work hours or on company property, and still appear to be able to follow their compliant policies for random testing of safety-sensitive employees and reasonable suspicion testing of those who appear to be intoxicated at work.
THC Law Guidance
The Minnesota legislature may provide additional guidance for employers, but at this time it may be up to the courts to determine how this new law will play out for employers. In the meantime, employers are encouraged to review their drug testing programs and work with their own legal counsel in making any updates or changes to their programs.
For more information on Medical or Recreational Marijuana, and whether they affect your state, visit our resource guide at the Hire Image Resource Library.