Cannabis will be a lawful product for adults 21 and older in Minnesota as of August 1, 2023, and can be used by employees off premises and during nonworking hours.
Nevertheless, employers may still require a drug-free workplace and test for cannabis randomly or when they reasonably suspect an employee may be using cannabis at work. An employer may also take disciplinary actions and terminate an employee if cannabis was used at work. Employers may no longer test for cannabis use or refuse to hire an applicant based on prior cannabis use unless the employee will be in a safety sensitive position or subject other applicable state or federal laws governing testing and use.
Minnesota employers should consider revising their drug testing and drug use policies in light of this upcoming change in the law.