Minnesota employers are on edge about potential liabilities stemming from their drug testing policies in the wake of the state’s recent legalization of consumable products containing the active ingredient in marijuana.
The law, which took effect in July, allows anyone 21 and older to buy edibles and beverages containing up to 50 milligrams of hemp-derived tetrahydrocannabinol, or THC, per package. The measure excludes products with a certain amount of THC from the state’s list of controlled substances.
Unlike other states with new cannabis-related measures, employers in Minnesota didn’t get time to review their drug policies after the law passed in May, and say they lack the guidance to respond adequately.
“Employers are concerned about testing and potential liabilities of their business’s drug policy. There are no guidelines on a marijuana impairment standard and no reliable testing method for marijuana intoxication; nor is there a way to differentiate consumption source,” said Lauryn Schothorst, director of workplace management and workforce development policy at the Minnesota Chamber of Commerce.
That sets the state apart from places like California, where a new measure set to go into effect in 2024 bars employers from discriminating against workers who consume marijuana legally in their off-work hours.
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