Minnesota is expected to become the latest state to legalize recreational cannabis use. The legislative proposal in its current form would necessitate changes to employer drug-testing practices and policies. The bill would also limit adverse employment decisions based on off-duty cannabis use.

With just days remaining in the legislative session, Minnesota lawmakers remain on track to legalize recreational marijuana, significantly modify the state’s drug-testing law, and limit employers’ rights to prohibit employee off-duty marijuana use and impose discipline for marijuana-related conduct, among other changes to the laws surrounding marijuana use in the state.

On May 16, a conference committee adopted final provisions of a bill that resolve differences between the versions passed by the House and Senate earlier this month—including Article 6, which addresses employer-mandated testing of applicants and employees for cannabis. The committee bill is expected to return to each chamber for a final vote before the legislative session ends on May 22. Governor Tim Walz has indicated he will sign the bill if given the opportunity. If enacted, the employment-related provisions of the bill would go into effect on August 1, 2023.

Although the bill is not yet law, the conference committee’s adoption of the employment-related provisions and the general momentum toward legalization in Minnesota should prompt employers to reevaluate their drug-testing needs and anticipate rule...

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