Employment lawyers say they are busy answering questions about Minnesota's new marijuana policy.
Credit: KARE 11
MINNEAPOLIS — Employment lawyers say they're busy answering questions from employers on updating marijuana testing policies for workers.
Those fielding the questions include lawyers like David Waytz, a shareholder with Fredrikson and Byron.
"Companies are thinking whether it's worth it to worry about cannabis testing," he said. "You still can't go to work impaired by cannabis; you can't possess cannabis or use cannabis while you're at work and while you're on your employer's premises. What's changed is more protection for off-duty use."
He said generally, employers can't test their workers or prospective employees for THC as a condition of employment.
There are exceptions for jobs held to federal rules, as well as folks like firefighters, police officers, health care workers and teachers.
Another exception is for those in positions considered to be "safety sensitive." That's defined by law as a job in which "an impairment caused by drug, alcohol, or cannabis usage would threaten the health or safety of any person." Those folks can still be required to test.
Anyone could be held to reasonable suspicion of cannabis testing if, for example, someone appears to be under the influence at work. Experts say they'd like to see more clarification on that rule.
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