July 28, 2023

As of August 1, 2023, Minnesota will allow residents to possess up to two ounces of marijuana. They may also grow up to eight plants at home. However, this change will also affect the workplace.

For example, it will provide several protections for workers when using cannabis off-duty. These protections may require employers to adjust their employment policies. Furthermore, the employment provisions already took effect, starting on July 1, 2023.

This new law could mean more employment opportunities if you are a cannabis user looking for work. According to the law, employers cannot require an applicant to undergo a drug test for marijuana as a condition of employment. However, the law includes a few exceptions. These exceptions include positions among firefighters, childcare workers, police officers, healthcare workers, and people needing a commercial driver’s license.

However, you should know that employers can still ban the use of cannabis or cannabis products in the workplace. As such, employers can still terminate you for working while impaired. They can also require a drug test if they reasonably suspect you are working under the influence.

Employers must have a workplace drug policy to require drug testing or disciplinary actions against marijuana use. However, this policy must comply with the Drug and Alcohol Testing in the Workplace Act (DATWA). 

Here are the requirements for employers’ drug policies to comply with the DATWA:

• The policy subjects employees or job applicants to testing;
• Circumstances that require or request drug or alcohol testing;
• Informs the employees or job applicants of their right to refuse drug and alcohol testing, including the consequences of refusal
• Any disciplinary or other adverse personnel action taken based on a confirmatory test verifying a positive test result on an initial screening test;
• The right of an employee or job applicant to explain a positive test result on a confirmatory test or request and pay for a confirmatory retest; and
• Other appeal procedures available

If your employer has a workplace drug policy, they must provide you with a copy of it in writing. The notice also requires the employer to inform you when they adopted the policy. Finally, the employer must post the workplace in an appropriate and conspicuous location.

This policy should improve your employment opportunities if you use cannabis. In addition, consider running a self-background check before applying for a new job. It will allow you to correct any errors and prepare to explain any negative information it may contain.

Discover more about our reliable and secure self-background checks by clicking here. Get started today.

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