BIG BLOG

Legal Hemp or Illegal Marijuana?

In Minnesota, effective July 1, 2022, edible THC products can contain no more than 5 mg of THC per edible and not more than 50 mg per total package of edibles. 

❌The law does NOT legalize the sale or use of marijuana!
✅The law does regulate the marketing size and shape of THC edible products.
❌No THC gummy bears allowed.
✅The new state law only clarified the limits regarding edible THC products, which have actually been legal since the 2018 Federal Farm Bill.

How will this new law affect employer drug testing and disciplinary policies?

Employers will still be able to test for THC drug use and will still be able to take disciplinary action consistent with non-discriminatory drug and alcohol policies including those already in place. 

The question is whether the legal consumption of THC edibles should cause disciplinary action. Most employers would act if an employee were legally drunk, some have a zero-tolerance policy. Employers will need to decide if any legal use of THC is permitted. Relatively low levels of THC may indicate only permitted use of THC in edibles, while significant THC levels detected in drug tests will likely indicate illegal marijuana use.

The new law should cause employers to think more about their drug and alcohol policies in the workplace and non-work situations. 

For example, how do employers handle employee after-work gatherings, like happy hours, where both legal THC products and alcohol are used? Or is there consistent treatment of employees who show up to work after using legal THC products compared to employees who come to work with a hangover from alcohol consumption? Employers should re-examine their drug and alcohol policies in light of the new law, particularly with the continued push for marijuana legalization.

Reach out to Richard Lau at Redmon Law Chartered with further questions: rlau@redmonlaw.com