AccuSource Blog

Marijuana Madness in Minnesota: Some THC Products Legalized

Minnesota recently joined other states who have legalized tetrahydrocannabinol (THC) in some way. Michigan’s governor signed into law House File (HF) 4065 on June 2, 2022. The goal of the law is to clarify the status of consumables that are derived from hemp. HF 4065 permits the sale and consumption of edible cannabinoid products as long as the amount of THC does not exceed a certain threshold. The law makes this change by excluding from Minnesota’s controlled substances list industrial hemp products that contain no more than 0.3% of THC. HF 4065 goes further and allows the sale and purchase of certain products. For a single serving of an edible, THC levels cannot exceed more than 5 milligrams. For an entire package, THC levels cannot exceed more than 50 milligrams total in that package. The law became effective on July 1, 2022, and those who are at least 21 years old are now able to purchase and consume products that contain THC derived from hemp. Only edible or drinkable products are permitted.

How does HF 4065 impact employers? The law does not contain explicit protections for applicants or employees who consume legal THC products. It also does not make any changes to the state’s current drug testing laws. However, in practice, the law may cause complications for employers since some THC use may now be lawful. As with states that have legalized marijuana for recreational purposes, an employer may want to consider the specific situation and review job duties as well as safety concerns. Employers may face further confusion due to Minnesota’s law concerning lawful consumable products. Under this law, employees are protected from discipline if they engage in lawful activities outside of work. It is not yet clear if THC consumables are covered under the lawful consumable products law. Even if the law does include the use of THC consumables, employers may not be required to allow use during non-working hours depending on the specific circumstances of the employer and/or the employee. Employers can prohibit employees from possessing, using, and being under the influence of THC while working and while on work property.

It is important to keep in mind that marijuana itself is still illegal in Minnesota, but Minnesotans can now consume THC that is derived from hemp as long as that consumption is within the parameters of the law. If you would like AccuSource to provide a complimentary review of your current background screening compliance program, please contact us at marketing@accusource-online.com.

Jennifer Daimon, Esq. | CIPM

Jennifer Daimon, Esq. | CIPM

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