In a move that surprised even some lawmakers who passed the bill, Minnesota recently became the latest state to legalize some form of marijuana for recreational use. As of July 1, 2022, Minnesotans who are at least 21 years old can lawfully purchase and consume edible and drinkable products containing hemp-derived tetrahydrocannabinols (THC), the primary intoxicant found in cannabis plants. The new law requires Minnesota employers to reevaluate their drug-free workplace policies and procedures and raises questions that the state legislature may need to address in the future.

Hemp-derived THC products now legal in Minnesota

The new law, which passed as an under-the-radar provision of the legislature’s end-of-session omnibus bill, 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. That change brought Minnesota law in line with federal law. However, the law also allows Minnesota businesses to sell, and individuals ages 21 and 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. The law does not distinguish between specific types of THC. As such, delta-8 THC products that were previously unrestricted due a federal loophole are now subject to Minnesota’s five-milligram serving limit. At the same time, the law opened the door for the first time in Minnesota to products containing...

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