Marijuana - Minnesota

Medical marijuana

The law does not permit a person to undertake a task under the influence of medical marijuana that would constitute negligence or professional malpractice. Use is not permitted in a place of employment. An employer may not discriminate against a qualified patient in hiring, termination, or any term or condition of employment, unless doing so would violate federal law or cause an employer to lose a monetary or license-related benefit. An employer may not discriminate against or penalize a person based on:

• The person's status as an enrolled patient.
• A positive drug test for marijuana unless the patient used, possessed, or was impaired by medical marijuana at the workplace or during work hours.

An employee who is required to undergo a drug test may present verification of enrollment in the patient registry or enrollment in a tribal medical cannabis program as part of the employee's explanation for a positive drug test.

Recreational marijuana

Minnesota legalized recreational marijuana as of August 1, 2023. Use and possession of limited amounts has been decriminalized. An adult may possess two ounces or less of cannabis flower in public, two pounds in a private residence, eight grams of cannabis concentrate, or edible cannabis products with 800 mg or less of tetrahydrocannabinol (THC).

Employers may not refuse to hire a job applicant or discipline or discharge an employee because the applicant or employee lawfully uses cannabis products and lower-potency hemp products away from the workplace during nonworking hours. This restriction does not apply if doing so would violate federal or state law or regulations or cause an employer to lose a monetary or licensing-related benefit under federal law or regulations. In addition, applicants applying for safety-sensitive positions can be tested for cannabis.

An employer may discipline or discharge an employee:

• For use, possession, impairment, sale, or transfer of cannabis products during working hours, on work premises, or while operating a motor vehicle, machinery, or equipment, or
• If failing to discipline or discharge an employee would violate federal or state law or cause an employer to lose a monetary or licensing-related benefit under federal law or regulations.

This information must be included in the employer’s written policy that follows the requirements outlined in state law.

Random testing for cannabis is only allowed for employees who are:

• Employed in a safety-sensitive position, or

• Professional athletes, if the professional athlete is subject to a collective bargaining agreement permitting random testing.

Individuals are prohibited from operating a motor vehicle while under the influence of cannabis. In addition, employees and job applicants have the right to explain a positive test under the state’s drug testing law. The employer may ask the employee or job applicant to indicate any over-the-counter or prescription medication the individual is taking and provide any other information relevant to the reliability of, or an explanation for, a positive test result.