What Recreational Marijuana legalization means for Minnesota employers & job candidates
Minnesota has joined the growing number of states embracing the wave of marijuana legalization, a transformative movement that has swept across the United States.
Governor Tim Walz signed House File 100 (HF100) into law, signaling a new era for cannabis in the state. While the bill rolls out operational, licensing, and sales aspects of legalized cannabis over the next two years, possession and adult use of marijuana is permitted beginning August 1, 2023. Notably, some anti-discrimination provisions impacting employers and job candidates became effective immediately. As a result, employers must rush to update their workplace drug policies and drug testing procedures while candidates for employment are provided broad protections under the law.
The push for marijuana legalization in Minnesota started gaining momentum in the early 2010s. Advocacy groups and legislators began highlighting the medicinal benefits of cannabis and the potential economic advantages of legalizing the plant. In 2014, Minnesota took its first step towards legalization by passing the Medical Cannabis Act, allowing limited use of marijuana for qualified patients.
Effective immediately, employers in Minnesota cannot adversely impact an individual’s employment based on their status as a qualified state or Tribal medical cannabis patient. Patients can present their registry verification or enrollment documents as part of their explanation for a drug test that is positive for marijuana. Medical cannabis patients are not permitted to possess or be under the influence of cannabis while at the workplace or while on duty.
Minnesota took a monumental leap forward when it became the most recent state to legalize recreational marijuana. HF100 marks a significant shift in the state’s approach to cannabis, allowing adults aged 21 and older to possess, transport, grow, and consume marijuana within certain limits.
While marijuana legalization brings new opportunities for job seekers and employees, it also presents challenges for employers seeking to maintain a safe and productive workplace. Many employers have concerns about impairment, workplace accidents, and potential legal ramifications. As a result, companies must revisit their drug policies to ensure compliance with the recreational marijuana provisions of the law while safeguarding their business interests.
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With the legalization of marijuana, employers are faced with the question of how to handle pre-employment drug screening. HF100 specifically prohibits employers from screening job candidates for cannabis or using a marijuana test result to make an employment eligibility decision unless required by federal or state law.
Subsequently, companies may adjust their policies to focus on impairment during working hours rather than testing for marijuana use outside of work. This approach aims to strike a balance between promoting a drug-free workplace and respecting employees’ personal choices. HF100 permits employers to test for cannabis use under a formalized random screening program, for reasonable suspicion, or in accordance with a substance abuse testing program. However, testing may not be “arbitrary or capricious.”
Employers must be cautious to avoid infringing upon the rights of employees who lawfully use marijuana. As a result, employers should create written policies that address medical and recreational cannabis use, possession, sale, transfer, or impairment at work or on work property. Policies should outline when testing for marijuana is required, such as in cases of suspected impairment and the impact of tests confirmed positive for cannabis. HF100 identifies that employees may only be disciplined or discharged if they are impaired by cannabis while at work, have a verified positive test, were previously provided with a written copy of the employer’s cannabis policy, and violated that policy. An individual’s employment may also be adversely impacted if required by federal or state law.
For candidates and employees, it is essential to be aware of the rights and limitations surrounding cannabis usage in the workplace. While legalizing recreational marijuana offers personal freedoms, it is crucial to understand the implications of cannabis consumption, particularly for those in safety-sensitive positions. Safety-sensitive positions include jobs where impairment caused by drug, alcohol, or cannabis usage could endanger the health or safety of others. For employees in safety-sensitive positions, cannabis, and its metabolites are still classified as drugs subject to testing under existing regulations.
Minnesota’s legalization of recreational marijuana and updates to its existing medical marijuana law brings challenges and opportunities for employers and job candidates alike. While the new legislation presents employers with the need to navigate evolving laws and policies surrounding cannabis usage, it also emphasizes the importance of safeguarding the rights and privacy of candidates and employees. By staying abreast of these changes, engaging legal counsel, and addressing program changes with drug testing vendors, employers, and job candidates can adapt and thrive in Minnesota’s post-legalization era.
