{"id":4641,"date":"2023-02-28T21:06:55","date_gmt":"2023-02-28T21:06:55","guid":{"rendered":"https:\/\/www.fwhtlaw.com\/blog\/?p=4641"},"modified":"2023-03-01T16:12:13","modified_gmt":"2023-03-01T16:12:13","slug":"high-stakes-considerations-for-contractors-in-light-of-the-minnesota-legislatures-anticipated-legalization-of-cannabis","status":"publish","type":"post","link":"https:\/\/www.fwhtlaw.com\/blog\/2023\/02\/28\/high-stakes-considerations-for-contractors-in-light-of-the-minnesota-legislatures-anticipated-legalization-of-cannabis\/","title":{"rendered":"High Stakes \u2013 Considerations for Contractors in Light of the Minnesota Legislature\u2019s Anticipated Legalization of Cannabis"},"content":{"rendered":"

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Julia is a shareholder of the firm\u2019s Construction Law Department.\u00a0 She can be reached at 612.359.7622 or jdouglass@fwhtlaw.com<\/a>.<\/p>\n

Minnesota Democrats have pledged that they will pass legislation allowing recreational marijuana this session with their new majorities in both chambers of the state legislature.\u00a0 This commitment marks the latest development in Minnesota\u2019s ongoing progression toward marijuana use legalization, and the remarkably quick change in the law poses special risks and challenges for contractors who operate in an environment where operational, safety, and productivity concerns are paramount.<\/p>\n

Current State of the Law in Minnesota<\/u><\/p>\n

Prior to last summer, Minnesota employers who have policies in place for pre-employment drug testing or drug testing of current employees were aware of protections for those employees who were enrolled in the Department of Health Patient Registry Program for medical marijuana.\u00a0 Under the laws related to that program, an employer cannot discriminate against a person enrolled on the registry in hiring, termination or any other employment decision upon a positive drug test for cannabis unless that individual was impaired or intoxicated by cannabis at his place of employment during his work hours.<\/p>\n

Last summer, the Minnesota Legislature threw employers a new curveball when it legalized certain forms of cannabis for recreational use.\u00a0 The law, which took effect in July 2022, allows anyone ages 21 and older to buy edibles and beverages containing up to 50 milligrams of hemp-derived tetrahydrocannabinol or THC per package.\u00a0 Unlike other states which have previously legalized cannabis, the Minnesota Legislature frankly didn\u2019t allow employers the time\u2014much less provide any guidance\u2014as to how or whether their pre-existing drug testing policies comported with the new law.<\/p>\n

Another complication for employers under the Lawful Consumable Products Act passed last summer is that the statute protects consumption of a lawful consumable product during an employee\u2019s non-work time.\u00a0 The statute defines a \u201clawful consumable product\u201d as a product whose use or enjoyment is lawful, and specifically includes food, alcoholic or non-alcoholic beverages, and tobacco. It is silent as to whether THC edibles are protected in the definition of \u201clawful consumable product\u201d which further complicates an employment situation when an employee receives a positive drug test for THC.<\/p>\n

Anticipated Changes and Challenges<\/u><\/p>\n

It is fully expected that the Minnesota Legislature will broaden the legalization of marijuana this session beyond the initial legalization of THC edibles and beverages which was passed last summer.\u00a0 In the construction industry in particular, the passage of any broader legislation raises a host of issues including the following:<\/p>\n