A: Good question. Another court that considered this issue found that an employer can stop using THC off-service because the use of THC was permitted by state law, but not by federal law. However, this decision becomes more complicated because the Federal Farm Bill of 2018 legalized hemp-derived THC, so the use of this form of THC is likely to be legal under federal and Minnesota law. However, in 2021, the Minnesota legislature attempted to amend the Legal Consumer Products Act to refer to cannabis, but the law did not pass. This fact alone could provide an employer with a good argument that THC edibles are not included in the law on legal consumables. At this point, it will probably be a matter for the courts. Even with the legalization of some THC products in Minnesota, employers can still enforce policies prohibiting employees from possessing, using, and being under the influence of THC during work hours and on labor property. In this sense, from a legal point of view, THC consumption in Minnesota is treated in the same way as alcohol consumption. An employee can legally consume certain THC products outside of work, and an employer can still prohibit employees from coming to work under the influence and having these products in the workplace. Minnesota employers with compliant policies may also continue to use spot testing (for safety-critical positions) and reasonable suspicion testing (for all positions) to address concerns about in-service poisoning. Employers should also ensure that supervisors are trained and document signs of impairment to facilitate the investigation of reasonable suspicion.
In May 2014, Governor Mark Dayton signed a bill legalizing marijuana to treat nine serious diseases, including cancer, severe epilepsy, HIV/AIDS, glaucoma, Tourette`s syndrome, ALS and Crohn`s disease. [5] FAQs: Does this law legalize recreational marijuana use? Yes. The 2018 Farm Bill legalized all hemp derivatives, including cannabinoids, terpenes, flavonoids, isomers and salts of isomers. That sets the state apart from countries like California, where a new measure set to take effect in 2024 prevents employers from discriminating against workers who legally use marijuana in their leisure time. Because the final product contains less than 0.3% delta 9 THC, it is legal under federal law. Tarasek: These hemp-derived products are legal everywhere. You can own them, you can use them, you can sell them. I think it may be obvious to everyone that there is still a lot to do here because there is no licensing requirement.
Wexler: There`s so much we don`t know about THC and the medical benefits of CBD because there just hasn`t been as much research in the last 40 years as we would have liked, the federal government has made research into the benefits of cannabis largely illegal. So we`re learning which strains and forms of THC and CBD are effective for which conditions. And that`s partly a problem with the ongoing federal ban. And hopefully as this relaxes over time, we`ll learn a lot more about which strains work for which conditions, but it`s frustrating. Registration for the program began on September 1. In June 2015, the actual distribution of marijuana for medical purposes began on July 1, 2015. It is considered the most restrictive medical marijuana law in the country,[6] due to the limited number of medical conditions that come into question and the forms of cannabis that are legal. To be eligible for the program, patients must be diagnosed with one of the following conditions: cancer (with pain, nausea, vomiting and/or wasting), glaucoma, HIV/AIDS, Tourettes, ALS (Lou Gehrig`s disease), seizure disorder, multiple sclerosis, Crohn`s disease or incurable painful disease with which to live for less than one year. [7] For people who meet the medical criteria, cannabis will only be legally available in liquid, pill or vaporization form that does not require the use of dried leaves or plants. [8] In 2016, « refractory pain » was added to the list of eligibility requirements, with PTSD added on August 1, 2017.
Chronic pain and age-related macular degeneration were also added to the list of eligible conditions on December 1, 2019; The amendments came into force in August 2020. [9] [10] [11] As of July 1, 2022, edibles containing small amounts of hemp-derived THC are legal in Minnesota. This year, Senate Republicans blocked a bill to legalize cannabis. Experts say this new law is more about consumer protection than the prelude to anything else. Minnesota legalized medical marijuana in 2014. SF 2470 created a legal framework for eligible patients to access medical marijuana products in a non-smokable form. « It`s a very good middle ground for anyone who thinks they can benefit from it, but it`s illegal and I have a moral, » said Mason Alt, owner of Retro Baking in Columbia Heights. By law, new THC products must be obtained from legally certified hemp. However, industry experts say that 5 milligrams produce the same effect whether it is derived from hemp or marijuana. In 2018, President Trump signed the amended Farm Bill, drawing a thick line between hemp and marijuana.
Hemp was removed from the list of controlled substances and therefore legalized nationally. This article discusses the legal status of marijuana in Minnesota. You will learn about recreational and medical marijuana laws, possession penalties and travel regulations. We also discuss the legality of hemp-derived products, including Delta 8 THC. Minnesota was on the verge of legalizing cannabis in 2019, but the Minnesota Senate stopped the legalization bill. Tarasek: It`s a bit confusing. Cannabis is a kind of collective term and it can refer to both hemp and marijuana, which many people are surprised to find is the same plant. The distinction is therefore legal.
So far, the only legal way to enjoy psychoactive cannabinoids is to purchase hemp-derived Delta 8 THC products. They are legal in Minnesota for adults 21+. Be sure to purchase certified products from reputable stores to get the most out of your experience. As long as your CBD oil contains 0.3% or less Delta 9 THC by dry weight, you can legally buy it at local stores and online retailers. Wexler: That`s absolutely right. The federal government continues to make all cannabis illegal, except hemp, and I think an open question is what the federal law says about a unique thing like the Minnesota law. I am sure that the intention of the federal Congress would be to keep these products illegal. Many products sold locally are contaminated with harmful additives; some of them also contain much more Delta 9 THC than is legally allowed. Not only does this cause a softer cognitive buzz, but it`s also legal nationwide. First, many of the state`s laws regarding marijuana and hemp differ significantly. Some states only allow hemp.
Some states only allow marijuana for certain medical purposes, and each state also varies for those purposes. Other states have generally legalized and regulated marijuana. These diverse and rapidly changing requirements pose a complex compliance challenge for rapidly evolving employers in multiple states. Second, while it`s hard to keep up with all of these different requirements, it`s even harder when employers have drug testing programs in more than one state. Most commonly, employers conduct pre-employment drug testing, reasonable suspicion, and safety-critical (random) drug testing, which is becoming a compliance nightmare due to the changing legal landscape. Here are some considerations regarding each type of testing and how Minnesota`s new law and other state laws may affect an employer`s drug testing programs. Lawmakers have not amended this law to include newly legal THC products, making it unclear whether they are considered « legal consumer goods » that would expose employers to liability for actions. Employers would also have to take a closer look at how they would operate if recreational marijuana were legalized in the state, Kettelkamp said. On March 8, 2019, Republicans in the Minnesota Senate voted against a measure to legalize the recreational use of cannabis. Republicans also decided not to set up a task force to further investigate the matter. Sen.
Melisa Franzen (D-Edina), who supported the measure, said, « We don`t have a bill, so I think the debate in the Senate is over, » noting that Gov. Tim Walz might convene his own task force, but isn`t. Several proposals are still before the House of Representatives, including the creation of a task force similar to what Franzen proposed, and a constitutional amendment to let voters decide the fate of legalizing, taxing and regulating recreational cannabis use. [14] [15] Yes. Hemp-derived Delta 8 THC is legal in Minnesota and allows Delta 8 products to be manufactured, bought, sold and distributed in the state. Minnesota employers are concerned about potential liabilities stemming from their drug testing policies after the state recently legalized consumables containing marijuana`s active ingredient. 2. Minnesota Governor Tim Walz signed House File (H.F.) 4065, a measure that provides legal clarity regarding hemp-derived consumables stemming from the Farm Improvement Act of 2018, also known as the Farm Bill 2018. Marijuana is legal in Minnesota for medical use only.
But even if you`re a medical marijuana patient, your product options are limited to non-smokable forms. A recent explosion of new CBD products touting numerous unproven health benefits has raised questions about the potential benefits and risks of CBD. As CBD products proliferate, U.S. states and the federal government are working to understand the legality of products under state and federal laws and regulate their trade.