Minnesota’s Marijuana Law for Employers – What It Means for Policies, Drug Testing, Discipline, and On-Premises Possession

Originally presented:  August 19, 2025     |     Course length:  1.0 hour

Minnesota’s new recreational cannabis law has not only redefined what is permissible for individual use but has also prompted significant updates to workplace compliance requirements. This presentation begins with a high-level overview of the new law and regulatory environment, followed by a deep dive into how these changes affect employer and employee rights and obligations. Key topics include:

• How does the new law intersect with the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA)?
• Can employers drug test applicants for cannabis? Current employees?
• When can employers discipline employees for cannabis use or possession?
• What are safety-sensitive positions and their associated compliance obligations?
• Is an employee who is under the influence at the time of injury eligible for workers’ compensation benefits?
• What are recommended employment policy updates in light of Minnesota’s legalization of recreational cannabis?

– Farah Famouri; Greene Espel PLLP
– Michelle Morrow; Greene Espel PLLP