The Minnesota legislature has passed a bill permitting recreational marijuana use by adults, making Minnesota the 23rd state to legalize cannabis. Governor Walz is expected to sign the bill, which establishes a complex regulatory framework for the newly legalized product. Among many other statutes, the new law contains a number of provisions that will
Drugs and Alcohol
Minnesota Employers Navigate Legalized THC Edibles
Minnesota employers who conduct pre-employment drug testing or drug testing of current employees are familiar with the protections for employees who are enrolled in the Department of Health Patient Registry Program for medical marijuana. An employer cannot discriminate against a person enrolled on the Patient Registry in hiring, termination or any term or condition of…

It’s Party Time!
The time has come for companies to begin planning their 2019 holiday parties. While these events are a great way to show appreciation for employees and build morale, they can present certain risks for employers. Being mindful of the following issues can help employers avoid complaints, or worse, lawsuits, associated with holiday parties.
Alcohol
While…

Navigating Zero-Tolerance Drug Policies in a Cannabis “Friendly” Climate
Recently, Quest Diagnostics, a company offering drug-testing services to employers, issued a report highlighting year-over-year double-digit increases in positive urine tests for marijuana between 2015–2017 in almost one-third of all U.S. industry sectors. The company has catalogued over thirty years of national workplace drug positivity trends, and it reports significant increased positive tests both in…
Minnesota Worker’s Compensation Claims Involving Medical Marijuana

Cannabis remains illegal under federal law as a Schedule I drug, leaving states to craft their own marijuana-related laws in true patchwork fashion. By now, most states have enacted at least some form of medical marijuana law. State officials increasingly understand the benefits of medical marijuana for patients who have qualifying medical conditions. But acceptance…
Does Marijuana and Employment Go Together?
If you’re an employer with questions regarding employee marijuana use, you’re not alone. State and local governments are increasingly paving the way for cannabis use at what is generally viewed as a rapid pace. In addition to states where legislatures are acting independently to pass cannabis-related laws, in every election cycle, more marijuana-related issues find…

Can an Employer Require that an Employee Who was Involved in a Work-Related Injury or Accident be Drug Tested?
When I prepare a drug and alcohol testing policy for Minnesota clients, they often tell me it is their understanding that although post-accident testing is permitted under Minnesota law, it is prohibited by OSHA. Their perception that post-accident testing is unlawful is based on a 2016 change in OSHA’s reporting and retaliation policies, to prohibit…

Do You Know Enough About Drug Testing to Test Your Employees?
Navigating the Minnesota Drug and Alcohol Testing in the Workplace Act (MDATWA) can be a complicated task for employers who want to maintain a drug-free workplace. This is especially true for those operating in safety-sensitive industries like transportation, where such testing is often mandated by state and federal regulations. In light of the country’s continuing…