Minnesota Expands Medical Marijuana Protections

Last month, Minnesota amended its medical marijuana law to expand employee protections, including a new requirement that employers provide notice to individuals prior to taking an adverse action based on a positive cannabis test. 

Background 
Unless failure to do so would violate federal or state law or cause an employer to lose a monetary or licensing-related benefit under federal law, Minnesota employers are not allowed discriminate against a person in hiring, termination, or any term or condition of employment or otherwise penalize a person based on:

• A person’s status as an enrollee in the registry program (i.e., patients and caregivers authorized to obtain and administer medical cannabis); or
• A patient’s positive cannabis test, unless the patient used, possessed, sold, transported or was impaired by medical cannabis at work, during working hours or while operating an employer’s machinery, vehicle or equipment.

Amendment
The amended medical marijuana law, among other things, now requires employers to provide at least a 14 day written notice to patients before taking an adverse action based on a positive cannabis test. The notice must cite the law or regulation the employer believes would be violated and the monetary or licensing-related benefit it would lose if it failed to take action.