Minnesota Marijuana Compliance

Medical marijuana is legal in Minnesota, and as of August 1, 2023, a new Minnesota law has legalized recreational marijuana for those 21 years or older. The law also extends protections to all employees for off-duty cannabis use, amending the Consumable Products Act (CPA).

Nevertheless, employers can still take action against employees consuming or impaired by cannabis during working hours or on work premises. The law brings substantial updates to the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA), generally restricting employment cannabis testing, but permitting it for safety-sensitive roles like police, firefighters, healthcare providers, positions requiring a commercial driver’s license, or roles funded by federal grants. The law allows reasonable-suspicion cannabis testing following specific requirements.

Register for a drug test online by clicking the “Register Now” button below. You can also call (888) 378-2499 with any questions about our drug testing services.

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This Information Is Not Intended for Legal Purposes

The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Since marijuana testing regulations can vary, we advise you to seek the guidance of expert legal counsel when creating your company’s substance abuse screening program.

Minnesota Marijuana Compliance

Minnesota Marijuana Laws

Overall Status: Fully Legal

In Minnesota, both medical and recreational marijuana are legal. Employers are generally no longer able to test for cannabis except for in cases of safety-sensitive roles, although exceptions may apply. DATWA allows reasonable-suspicion cannabis testing and stipulates that employers must offer rehabilitation instead of termination to first-time offenders testing positive for drugs or alcohol, including cannabis.

Medical Marijuana: Legal

The Minnesota Medical Cannabis Act makes medicinal marijuana legal in the state of Minnesota. This law created the Medical Cannabis Program and Registry, which is overseen by the Minnesota Department of Health.

Until May of 2021, medical marijuana users were not allowed to use raw/flower marijuana. Now, medical marijuana users over age 21 may purchase and smoke marijuana flower. Previously, the law only allowed for the use of cannabis in oil, liquid, and pill forms, all of which are generally more expensive than raw flower.

Decriminalized: Yes

Starting August 1, 2023, Minnesota has decriminalized cannabis for adults 21 and over, allowing its use, possession, and home cultivation. Adults can carry two ounces of cannabis flower in public and have up to two pounds at home. The law also permits the possession of eight grams of concentrate and edibles with up to 800 milligrams of THC. While cannabis can be consumed on private property and at licensed places, it cannot be used while driving or in certain public spaces. A 10% tax will apply to cannabis sales. Although legal in Minnesota, cannabis remains illegal under federal law, and safe and responsible use is strongly encouraged.

Recreational Marijuana: Legal

Recreational marijuana use in Minnesota is legal. Starting August 1, Minnesota law began allowing residents aged 21 and older to possess up to two ounces of cannabis in public and up to two pounds at their homes. Building on a 2014 law that protects medical cannabis patients, the state will now also protect the off-duty use of cannabis for all employees. The Minnesota Consumable Products Act (CPA) has been amended to ensure that cannabis use doesn’t lead to workplace discrimination.

Last updated 1/15/2024

Frequently Asked Questions

Yes, as of August 1, 2023, recreational marijuana use is legal in Minnesota for adults aged 21 and older.

What are the marijuana laws in Minnesota?

Adults can possess and transport up to two ounces of cannabis in public and up to two pounds at home. Off-duty use of cannabis by employees is also protected. However, using, possessing, selling, or transferring cannabis during working hours can lead to disciplinary actions.

What is Minnesota’s history with marijuana?

Minnesota has taken steps over the years to fully legalize marijuana. The state passed a medical cannabis law in 2014 that prohibited discrimination against people who were approved for medical marijuana. In 2023, Minnesota extended these protections to recreational users as well.

Drug Panels That Exclude Marijuana

Urine Drug Panels That Exclude Marijuana Testing

Some of the popular drug panels that remove marijuana testing are listed below:

Also try taking a look at our comprehensive list of urine drug tests that exclude marijuana, where you’ll find a complete list of drug tests that do not include THC testing under the “Exclude Marijuana” section.

Hair Drug Panels That Exclude Marijuana Testing

Two of our popular hair tests allow for the option to exclude marijuana from the panel of substances being tested. These include:

For a complete list of our hair drug tests, take a look at our comprehensive list of hair tests.

Drug Panels That Include Marijuana

Urine Drug Panels That Include Marijuana Testing

Many of our testing options include marijuana testing. Below are some of the most popular urine drug tests including marijuana:

Also try taking a look at our comprehensive list of urine drug tests that include marijuana.

Hair Drug Panels That Include Marijuana Testing

Our variety of hair drug tests include many options for marijuana testing. Some of the most commonly ordered hair drug tests are:

A comprehensive list of the hair drug tests that we offer can be found here.

Citations

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“2021 Minnesota Statutes – 181.951 Authorized Drug and Alcohol Testing.” Minnesota Revisor of Statutes, https://www.revisor.mn.gov/statutes/cite/181.951
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“Minnesota.” Weedmaps, https://weedmaps.com/learn/laws-and-regulations/minnesota
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“Minnesota Session Laws – 2014, Regular Session – Chapter 311—S.F. No. 2470.” Minnesota Revisor of Statutes, https://www.revisor.mn.gov/laws/2014/0/311/
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“Medical Cannabis.” Minnesota Department of Health, https://www.health.state.mn.us/people/cannabis/index.html
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Land, Collin. “What Should I Know About Marijuana Laws in Minnesota?” Minnesota Lawyer Referral and Information Service, 10 August 2021, https://www.mnlawyerreferral.org/blog/what-should-i-know-about-marijuana-laws-in-minnesota/
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Pugmire, Tim. “Major change to Minnesota medical cannabis law approved.” MPR News, 18 May 2021, https://www.mprnews.org/story/2021/05/18/major-change-to-minnesota-medical-cannabis-law-approved
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“Minnesota Laws and Penalties.” NORML, https://norml.org/laws/minnesota-penalties-2/#:~:text=The%20state%20has%20decriminalized%20marijuana,like%20a%20minor%20traffic%20violation.
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“Minnesota.” Marijuana Policy Project, https://www.mpp.org/states/minnesota/
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Kettelkamp, Brent D. and Hargreaves, Colin H. “In Growing Trend, Minnesota Legalizes THC Edibles.” Society for Human Resource Management (SHRM), 15 July 2022, https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/minnesota-cannabis-law.aspx
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Catherine A. Cano and Elaine Luthens © Jackson Lewis. (2023, June 5). Minnesota legalizes recreational marijuana. SHRM. https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/minnesota-marijuana-law.aspx
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For adult consumers. For Adult Consumers | State of Minnesota – Office of Cannabis Management. (n.d.). https://cannabis.state.mn.us/consumers.html