How will marijuana legalization in Minnesota affect your job?
MINNEAPOLIS -- Minnesotans will be able to possess and grow up to two pounds of marijuana starting Aug. 1.
But what happens at work?
That's the question the Minnesota Chamber of Commerce is trying to answer for its more than 6,000 member businesses, said Lauryn Schothorst, director of workplace management and workforce development policy.
The big change in the state's drug policy will impact how businesses craft their own cannabis policies.
"The question is can we have a policy at all and if we can, what do we need to put into it," she explained. "We want to make sure our members understand those nuances and appropriately apply the policy."
The new law says employers can't require a drug test to screen for cannabis as a condition of employment, with some exceptions for police officers, firefighters and child care workers, anyone needing a commercial driver's license and health care providers to name a few.
But a company can have a rule prohibiting cannabis products or use at the workplace or while using company equipment. A person can be fired for showing up high on the job, and an employer can request cannabis testing if it has reasonable suspicion someone is under the influence on company time.
The chamber is hosting a webinar in two weeks diving into this topic for its members.
"You need to make sure it's in writing and you need to make sure it's distributed to employees in advance of any action," said Schothorst. "But you can absolutely say, 'Nothing in this law is requiring me to allow you to have these products on my property or while you're using my equipment or things like that.'"
Minnesota will become the 23rd state to legalize marijuana for recreational use in less than four weeks. In the months that follow, a new state office will set up a regulatory framework for retail sales. Research at the University of Colorado Boulder found marijuana use increases in states where cannabis is legal compared to states where it remains illegal.
Generally, Minnesota businesses can't refuse to hire someone because they use recreational marijuana off the clock. But, Jason Tarasek anticipates there will be growing pains for businesses learning the new rules since the law is so transformative.
He characterized the law as "pretty thoroughly" protecting Minnesotans who want to engage in the new adult-use market, but fear retribution at work.
"Just like with alcohol, now that adult-use cannabis is legal you are free to consume adult-use cannabis in your free time, but you may not show up to work impaired," said Jason Tarasek, a cannabis attorney with Vicente LLP.
Can I smoke weed in a public place?
The legislation says Minnesotans can only use marijuana for recreational purposes at their private residence, private property of someone else with their permission, and businesses or events licensed for on-site consumption.
Local governments can adopt ordinances making it a petty misdemeanor for someone who breaks those rules.
Smoking marijuana is prohibited in public places or on the balconies or patios of apartment and condo buildings. There are some exceptions for people who are part of the medical program.
It also prohibits cannabis use at in public schools and correctional facilities.
For answers to more cannabis questions, click here.