Minnesota is one of 34 states that have legalized marijuana for the treatment of certain medical conditions. Approved medical use started July 1, 2015. Medical use of marijuana is limited to marijuana that is delivered in the form of a liquid or pill, or the vaporized delivery of the liquid or pill. The use of medical marijuana does not include the smoking of the dried leaves of the marijuana plant. The possession, sale, and use of marijuana, including medical marijuana, is still illegal under federal law. Under Minnesota law an employer may prohibit the use of medical marijuana on the employer’s premises, and can prohibit employees from working while impaired. If an employee tests positive for marijuana, Minnesota law protects that employee from adverse employment action based solely on the positive test. Because of the conflicting provisions of various federal and Minnesota laws, employers may want to seek competent legal assistance before making an adverse employment decision concerning an employee who is registered to use medical marijuana.
For more information about this topic and other employment law issues contact Will Partridge at Farrish Johnson Law Office at 507-625-2525.
This webpage contains general information and not legal advice. It is based on Minnesota law in effect at the time of writing. An attorney at Farrish Johnson can advise you about how the law applies to your specific situation.