Special Announcement to all Minnesota employers:
The State of Minnesota has passed a law (HF100) the legalizes the recreational use of marijuana in the state.
As part of this law, Sec. 36. Minnesota Statutes 2022, section 181.951, is amended by adding:
Subd. 8. Limitations on cannabis testing.
(a) An employer must not request or require a job applicant to undergo cannabis testing solely for the purpose of determining the presence or absence of cannabis as a condition of employment unless otherwise required by state or federal law.
(b) Unless otherwise required by state or federal law, an employer must not refuse to hire a job applicant solely because the job applicant submits to a cannabis test or a drug and alcohol test authorized by this section and the results of the test indicate the presence of cannabis.
(c) An employer must not request or require an employee or job applicant to undergo cannabis testing on an arbitrary or capricious basis.
This law will require a review of the hiring process in place and may require changes to that process.
Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.
The complete text of the legislation can be found here: Sec. 36. Minnesota Statutes 2022, section 181.951
It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.