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Marijuana Legalization by State.
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Our intent is to make Minnesota drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in Minnesota.
Minnesota is a “mandatory” state, which means any private employer wishing to conduct drug and/or alcohol testing of non-regulated employees within this state must do so according to the state constitution, statutes, regulations, local ordinances, and court decisions that apply.
These rules are extremely detailed. Employers are, in some aspects of their program, limited in which drugs they can test. In others, unrestricted and open (random testing or discipline). The Minnesota courts have taken a very stern view of any rule violations,. Employers must be very careful as they design and implement any testing program.
This overview is to introduce you to the nature and history of Minnesota’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.
This law was enacted in 1987, making it among the oldest such laws in the country. This law applies to any person or entity located in or doing business in this state and having one or more employees. The restrictions include the state and all political or other governmental subdivisions of the state. Sec. 181.957 specifically excludes those who perform work under federal rules.
The 8th Circuit Court of Appeals has ruled that the Minnesota Mandatory Law can apply to employees operating in other states when the employee or employer has some contact with Minnesota.
Q1. Can I do a random testing for my employees in Minnesota? Yes:
Answer is “Yes”
Note: there are restrictions
In Minnesota an employer may request or require employees to undergo drug and alcohol testing on a random selection basis ONLY if:
This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.
All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.
Medical Use: On May 29, 2014, Governor Dayton signed into law legislation permitting the medical use of marijuana. It states in the law that employers are not required to accommodate marijuana use at the workplace or allow employees to work under the influence of marijuana. It further states that employers may fire employees for testing positive for marijuana on a drug test even if the user was off duty and had a valid marijuana medical card.
It is advisable to have a company substance abuse (testing) policy that is clear and completely informs employees what the rules are of your workplace. Employers must consult with their appropriate advisors to determine to the impact of the Minnesota medical marijuana use law, Sec. 12, Subd. (c), on their testing policies and procedures.
Personal Use: Previous attempts to legislate the personal use of marijuana in this state have failed.
For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.
No known court cases.