MINNEAPOLIS — Employment lawyers say they're busy answering questions from employers on updating marijuana testing policies for workers.
Those fielding the questions include lawyers like David Waytz, a shareholder with Fredrikson and Byron.
"Companies are thinking whether it's worth it to worry about cannabis testing," he said. "You still can't go to work impaired by cannabis; you can't possess cannabis or use cannabis while you're at work and while you're on your employer's premises. What's changed is more protection for off-duty use."
He said generally, employers can't test their workers or prospective employees for THC as a condition of employment.
There are exceptions for jobs held to federal rules, as well as folks like firefighters, police officers, health care workers and teachers.
Another exception is for those in positions considered to be "safety sensitive." That's defined by law as a job in which "an impairment caused by drug, alcohol, or cannabis usage would threaten the health or safety of any person." Those folks can still be required to test.
Anyone could be held to reasonable suspicion of cannabis testing if, for example, someone appears to be under the influence at work. Experts say they'd like to see more clarification on that rule.
"It's difficult for employers who want to continue testing for cannabis to be able to distinguish between cannabis usage on the job that may have impaired somebody versus that cannabis usage that might have took place a week earlier or the night before," said Waytz. "And so what I'm instructing my clients that are employers to do, is think very carefully about how you test for cannabis."
Waytz said he has counseled his clients for years, even before marijuana was legalized, to focus on performance rather than testing someone for a drug.
"We're getting a ton of questions," said Lauryn Schothorst, the director of workplace management and workforce development policy at the Minnesota Chamber of Commerce.
She said employers are scrambling to get clarification to ensure their policies are in compliance with the new law.
"Employers want to make sure they're clear as to how their industry is classified, or their worksite," said Schothorst. "You don't want to inadvertently think you're protected under a federal law or safety-sensitive position when you're actually not pursuant to the law."
Schothorst and the Minnesota Chamber of Commerce have hosted presentations and webinars to answer questions about the issue. She recommends businesses familiarize themselves with the rules and release policy as soon as they can — and definitely before Aug. 1.
"As an employee, you should feel free to ask what will be changing as a result of the new law," she said.
The problem lawyers and the Chamber say they're facing is that the Office of Cannabis Management isn't up and running yet, making it difficult for them to get further clarification.
"We're sort of in a bit of a gray area right now with portions of the law," said Schothorst. "It's a lot of confusion as to what's happening right now and what the law is for individuals and employers right now."
WATCH MORE ON KARE 11+
Download the free KARE 11+ app for Roku, Fire TV, Apple TV and other smart TV platforms to watch more from KARE 11 anytime! The KARE 11+ app includes live streams of all of KARE 11's newscasts. You'll also find on-demand replays of newscasts; the latest from KARE 11 Investigates, Breaking the News and the Land of 10,000 Stories; exclusive programs like Verify and HeartThreads; and Minnesota sports talk from our partners at Locked On Minnesota.
- Add KARE 11+ on Roku here or by searching for KARE 11 in the Roku Channel Store.
- Add KARE 11+ on Fire TV here or by searching for KARE 11 in the Amazon App Store.
- Learn more about the KARE 11+ app for Apple TV in the Apple App Store.
- Learn more about KARE 11+ here.
Watch more local news:
Watch the latest local news from the Twin Cities and across Minnesota in our YouTube playlist: