Minnesota: Updated Protections for Medical Cannabis

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APPLIES TO

All Employers with Employees in MN

EFFECTIVE

May 24, 2025

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Quick Look

  • Employers cannot discriminate against an employee for testing positive for medical marijuana, unless failure to do so would violate federal or state law or cause the employer to lose federal funding or licensing.
  • When taking otherwise prohibited action due to federal or state law requirements, employers must provide advance notice to employees.
  • Employees are protected against retaliation for asserting their rights under the law.

Discussion

Minnesota’s Chapter 31 recently made updates to its drug testing law for medical cannabis. Generally, employers cannot discriminate against an employee for testing positive for medical marijuana, unless a failure to do so would violate federal or state law or cause an employer to lose a monetary or licensing-related benefit under federal law. This prohibition has been expanded to include protections for a person’s status as a Tribal medical cannabis program patient.

 

If an employer wants to take adverse action for a positive drug test based on federal or state violation implications for the employer, the employer must provide written notice to the person at least 14 days before taking adverse action against them. The written notice must cite the specific federal law or regulation that the employer believes would be violated if the employer fails to take action, and what federal or state monetary or licensing-related benefit the employer would lose if the employer fails to take action.

 

Additionally, employers cannot retaliate against individuals for asserting their rights or seeking applicable remedies. Further, minimum violation civil penalties increased to $1000, plus the ability to obtain injunctive relief was added. Employers should evaluate their drug testing and hiring practices to ensure compliance with the new rules.

 

Action Items

  1. Review drug testing policies and procedures for compliance.
  2. Evaluate impact from federal and state requirements prohibiting marijuana use and implement required notice.
  3. Have appropriate personnel trained on the requirements.

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase