Under a new Minnesota law legalizing recreational marijuana, beginning August 1, 2023, individuals 21 years of age or older may possess or transport up to two ounces of cannabis flower in public and to possess up to two pounds of cannabis flower in the individual’s private residence, among other things.
Minnesota has had a medical cannabis law since 2014 that prohibits discrimination against medical cannabis patients.
In addition, the state will protect all employee off-duty use of cannabis as of August 1, 2023.
Protections for Off-Duty Use
The new law amends Minnesota’s Consumable Products Act (CPA), which prohibits employers from disciplining or discharging employees (or refusing to hire applicants) who use “lawful consumable products” outside of work.
Effective August 1, 2023, the term “lawful consumable products” will specifically include cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products, as such terms are defined by Minnesota law. The law goes even further to explicitly provide that the aforementioned products are considered lawful consumable products under Minnesota law “regardless of whether federal or other state law considers cannabis use, possession, impairment, sale, or transfer to be unlawful.”
However, nothing in the newly amended CPA prohibits employers from taking action against employees who use, possess, sell, transfer, or are otherwise impaired by such lawful products…
