Workplace Drug Testing Laws in Minnesota

Minnesota’s employee drug testing laws are based on the state’s Drug and Alcohol Testing Act. Restrictions include the requirement for employers to have a written drug-free workplace policy in place before conducting employee drug testing.

Minnesota employment drug screening laws also require employers to provide written notification of both positive and negative test results from the laboratory to employees and job candidates within three days of receipt.

Minnesota drug testing legislation also protects employees who fail an employment drug test for the first time from being terminated, as long as they successfully complete a rehabilitation program.

To register for a drug test, simply sign up using the button below. To register via phone, or if you have any questions, we can be reached at (888) 378-2499.

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Minnesota Drug Testing Compliance

Minnesota Drug Testing Laws Without Restrictions

Drug Test Issue Remarks
Recreational Marijuana As of August 1, 2023, amendments to Minnesota’s Lawful Consumable Products Act (CPA) and the Drug and Alcohol Testing in the Workplace Act (DATWA) protect employees’ off-duty cannabis use, prohibiting employers from disciplining or terminating employees for such use. Employers are restricted from conducting pre-employment cannabis testing for most positions, with exceptions for safety-sensitive roles among others, but may still discipline or discharge employees for cannabis use, possession, impairment, or transfer during work hours or on work premises.
Medical Marijuana To qualify for a medical marijuana card, patients must suffer from a qualifying condition like cancer, HIV, glaucoma, Tourette Syndrome, or other listed conditions, or a terminal illness with a probable life expectancy of under one year. Workplace drug testing laws in Minnesota do not require employers to accommodate the use of medical marijuana in the workplace.
Substances Screened There are no limitations as to the substances that can be tested in an employment drug test.
Testing for Alcohol As with drugs, Minnesota employers are allowed to test for alcohol, provided there is a written drug and alcohol testing policy.

Conditional Minnesota Drug Testing Laws

Drug Test Issue Remarks
Random Testing Only allowed for “safety-sensitive” employees and for certain professional athletes.
Specimens Tested Since saliva testing cannot be conducted at a certified laboratory, Minnesota employers are restricted to blood, urine, and hair testing.

Minnesota Drug Testing Laws With Restrictions

Drug Test Issue Remarks
Instant or POCT Testing Not permitted under workplace drug testing laws in Minnesota. Laboratories – All Minnesota drug tests must be conducted with a certified laboratory.
Workers’ Compensation Discount There are no workers’ compensation insurance discounts offered to Minnesota employers that maintain a drug-free workplace.

Other Services We Provide in Minnesota

If you’re looking for drug testing information related to a specific city in the state of Minnesota, try taking a look at our Minnesota clinic locations page. From there, you can select your city’s drug testing or DNA testing page to learn more.

We also offer Minnesota Background Checks. For more information, visit our Minnesota background check page.

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. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.

Citations

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Guerin, Lisa. “Drug Testing Laws in Minnesota.” NOLO, https://www.nolo.com/legal-encyclopedia/drug-testing-laws-minnesota.html
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“Minnesota Authorized Drug and Alcohol Testing Statute 181.951.” Minnesota Legislature, https://www.revisor.mn.gov/statutes/cite/181.951
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Russo, Kathryn. “New Minnesota Medical Cannabis Law Protects Employees against Discrimination for Medical Cannabis Use.” Jackson Lewis P.C., 3 June 2014, https://www.jacksonlewis.com/resources-publication/new-minnesota-medical-cannabis-law-protects-employees-against-discrimination-medical-cannabis-use
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“Employer’s Guide to Drug Testing in Minnesota – Drug Testing For Marijuana.” Felhaber Larson, 4 September 2019, page 61, https://www.felhaber.com/wp-content/uploads/Employers-Guide-to-Drug-Testing.pdf
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Vogel Law Firm. (2023). Attention employers: New Minnesota cannabis laws effective August 1, 2023. Retrieved from https://www.vogellaw.com/attention-employers-new-minnesota-cannabis-laws-effective-august-1-2023/
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Minnesota Office of Cannabis Management. Minnesota Office of Cannabis Management | State of Minnesota – Office of Cannabis Management. (n.d.). https://cannabis.mn.gov/
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Minnesota Society of Certified Public Accountants. (n.d.). https://www.mncpa.org/resources/interest-areas/internal-articles/legalized-use-of-marijuana-in-minnesota-what-emplo/