The Star Tribune checked in with Carol Moss, Hellmuth & Johnson partner, and chair of the firm’s Cannabis Law practice group, to discuss what every business needs to know about Minnesota’s cannabis law. With legal restrictions on pre-employment and random testing, companies are turning to their written policies to protect employees from harm and themselves from liability.
If a company expects to enforce a rule banning marijuana use during working hours, it needs to be in writing. For example, employees need to know that they are not allowed to take an edible on a lunch break, then return to work.
However, not all cases prohibit testing as a condition for employment. “Safety sensitive” positions might have pre-employment and random THC testing. “This could include people walking on roofs, performing surgery or working with propane tanks,” said cannabis industry attorney Carol Moss with Hellmuth & Johnson. “Wrong actions there can really cause harm.”