Minnesota legalized medical cannabis in 2014 and has since cleared it for recreational use. The state is now taking steps to extend its progressive pot policies to the workplace. A new law requires employers to be more transparent and deliberate before terminating workers registered as medical cannabis users.
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Senate File 2370 requires employers to give a two week written notice before taking adverse action against an employee who uses medical cannabis, and the notice “must cite the specific federal law or regulation the employer… believes would be violated if [it] fails to take action” Whereas employers could once give generic statements about compliance, they now must provide robust frameworks before letting go of a registered employee.
The 2023 bill that legalized recreational cannabis use in Minnesota (HF 100) barred most employers from testing job candidates for marijuana use, and SF 2370 builds upon that framework. Cannabis is classified as a “lawful consumable product” in the state according to HF 100, and subsequently, employers cannot fire or otherwise take adverse action against anyone for the sole reason of cannabis use. SF 2370 adds the protections of the advance notice and legal explanations for registered medical cannabis users.
The mandated 14-day notice gives employers a chance to challenge a marijuana-related firing before it takes place, providing a cushion not previously enjoyed by medical cannabis using workers. If delaying adverse action would clearly violate federal law, however, employers can forgo the two-week grace period. Still, they must know and cite the exact law that makes that true before moving forward.
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Other states, such as New York and Maine, have already taken steps to limit employer actions against marijuana users, and Minnesota’s SF 2370 builds upon those policies by requiring employers and recruiters to be transparent. As marijuana use continues to grow around the country, especially among young people, laws like these will hopefully protect a new generation of workers from unlawful discrimination.