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Friday, October 9, 2026

Minnesota Has Loosened Restrictions on Edible Products Containing THC - What Does that Mean for Minnesota Employers? - JD Supra

What is the current Minnesota law regarding edible products containing THC?

An inconsistency in two amended provisions of Minnesota Statute § 151.72 has resulted in what some have deemed the legislature “accidentally” legalizing edible products containing certain amounts of hemp-derived tetrahydrocannabinol (THC) for purchasers 21 years of age and older.

When did the new law take effect?

The new law went into effect on July 1, 2022. And in simplest terms, most edibles and beverages containing THC are now legal in the state of Minnesota.

Did the new law change drug testing requirements for employers?

It doesn’t appear so. Minnesota employers are not required to perform drug testing on employees, but when employers choose to have a drug testing program, it must be carried out within the strict parameters of Minnesota Statute § 181.951. Minnesota’s drug testing law was not amended to interact with the legalization of edibles and beverages containing THC in the state.

Under the Minnesota drug testing law, employers may take certain actions against an employee that tests positive for a controlled substance as defined in Minnesota Statute § 152.02, Subd. 2 through 6. Included within those sections is cannabinoids, including dronabinol [(-)-delta-9-trans-tetrahydrocannabinol (delta-9-THC)], the THC legalized in edible form under Minnesota’s new law.

Many states that have legalized some form of recreational marijuana have also updated their employment drug testing laws. For...



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