Cannabis in the Workplace Part Two: Navigating the New Landscape

Attention employers! The workplace rulebook is undergoing significant changes to the employment landscape, and it is crucial to understand how to maintain a productive and safe work environment while adhering to new regulations.

Off-Duty Consumption

Imagine this scenario: An employee enjoys their weekend, possibly partaking in legal cannabis use. Come Monday, what are your rights as an employer? While you can't discipline employees for legal off-duty cannabis consumption, you retain the right to maintain a drug-free workplace during business hours. Think of it as a clear delineation between personal and professional time.

Rest assured, this isn't a free-for-all. You still have full authority to enforce policies against on-site or during-work-hours cannabis use or being under the influence while “on the clock.” However, legitimizing a belief that an employee is under the influence is not simple. We address this issue in our July 19th posting regarding cannabis testing. It's about respecting employees' private lives while preserving workplace standards.

On-Duty Consumption?

In Minnesota, the rules around cannabis use in the workplace are pretty clear-cut. An employee can't smoke marijuana on the job, whether indoors or in a work vehicle. If it's a place where two or more people usually get paid to work, it's off-limits for smoking weed. Employers get to decide their own policies about having or using marijuana at work, but employers absolutely cannot allow anyone to consume it on the premises.?

Medical Cannabis: Adapting Your Policies

Here's where employers need to pay close attention. Employees enrolled in the Medical Cannabis Registry program now have additional protections. If your company conducts drug tests, be aware that registry cardholders can use their status to explain a positive cannabis result. This doesn't exempt them from all drug policies, but it does require a more nuanced approach to drug testing and policy enforcement.

The Silver Lining

These protections don't apply if an employee is caught using, possessing, or selling cannabis on the job. You still have the right and responsibility to impose rules related to use, possession, and sale.

The Bottom Line

These new regulations are about finding a balance. They respect employees' legal right to use cannabis in their personal time while preserving employers' ability to run a safe and efficient workplace. It's a new era that requires updated policies and open communication.

As an employer, knowledge and clear policies are your best tools. Stay informed, update your handbooks, and communicate clearly with your team. You can impose workplace rules, but likely cannot restrict off-duty cannabis use that does not impact the employee’s performance at work. In addition, landlord tenant property laws impose workplace use restrictions see our previous articles from July 2nd and July 9th.?

Looking Ahead

At Seiler Law, we want to keep you informed and prepared to navigate new changes in the law. Stay tuned for our next installment on cannabis testing in the workplace. We’ll discuss differences in drug and alcohol testing and cannabis testing, when and who you can test, and exceptions to the laws.?