Minnesota Legalized Some Forms of Marijuana for Recreational Use-What Does that Mean for Employees?

In July 2022, Minnesota passed a bill to legalize certain kinds of marijuana for recreational use. The new law modifies Minnesota’s list of controlled substances to exclude “industrial hemp” products that contain no more than 0.3 percent of any form of THC. The law also allows individuals ages 21 or older to purchase edible and drinkable products containing no more than five milligrams of THC per serving and no more than 50 milligrams of THC per package.

You may want to celebrate by partaking in some of the new THC-infused products sold at your local store, but keep in mind there may still be employment consequences, depending on the type of job you have and the policies your employer has in place.

The Minnesota Lawful Product Consumption Act prohibits employers from refusing to hire a job applicant or discipline or discharge an employee because they have engaged in the use or enjoyment of products that are lawful for consumption, such as the THC-infused products which are now legal in Minnesota. However, if the use of these products could impair an employee in such a way that limits their ability to do their job, such as driving, there are exceptions to the Act.

If your employer or a prospective employer has not followed these legal requirements, or you have experienced retaliation for using lawful consumable products, contact us. Our experienced employment law attorneys would be happy to discuss your case and help you understand your legal rights and options.