What is the law?
Under the Federal Controlled Substances Act, marijuana is still considered an illegal substance.
Minnesota’s new bill legalizes the possession and use of marijuana for Minnesotans 21 and older.
Parts of the bill will be effective overtime, but adult possession, use and cultivation take effect on July 1st, 2023.
The law limits consumption of marijuana to private residences and yards.
Minnesotans age 21 and older will be allowed to possess or transport up to 2 ounces of cannabis flower, up to 8 grams of cannabis concentrates, and edible cannabis products containing a total of 800 milligrams of THC.
- Minnesotan’s can have up to 2 pounds of marijuana in their personal residence.
- Driving while high is still a crime.
- With some exceptions, applicants cannot be screened for marijuana as a condition of employment.
- Random drug testing for marijuana will be banned.
What can companies ban?
- The possession and use of marijuana during work hours.
- The possession and use of marijuana when in the office or on a job-site
- The possession and use of marijuana while operating a company vehicle or personal vehicle for work purposes.
When can companies test for marijuana?
- When there is reasonable suspicion to be under the influence
- As a violation of company policy or law
Employers need to:
- Ensure their employee handbook policies are compliant with the new laws
- Understand what actions can be taken if an employee tests positive for marijuana
- Learn if rehabilitation is required for positive tests or can it be treated differently than other drugs and alcohol.
- Understand what roles, such as safety-sensitive positions and commercial drivers, are exempt from the new bill.