Legal Changes for Medical Cannabis

During the 2025 session, the Minnesota Legislature expanded employment protections for medical cannabis patients. The following changes became effective May 24, 2025.

Tribal Medical Cannabis Program Employment Protections

Existing employment protections were extended to protect tribal medical cannabis program participants. Under Minnesota Statutes Section 342.57, employers may not discriminate against a person in hiring, termination, or any term or condition of employment based on:

• Enrollment in the state’s cannabis registry program;
• Enrollment in a tribal medical cannabis program; or
• A positive drug test for cannabis, unless using or impaired by medical cannabis at work, during working hours, or while operating the employer’s machinery or vehicles

These protections apply unless compliance would violate federal or state laws or regulations, or cause the employer to lose a monetary or licensing-related benefit under federal laws or regulations.

New Adverse Employment Notice Requirement

A new notice requirement was added for adverse employment actions taken due to federal law. Employers are required to give employees at least 14 days’ notice before the employer can take adverse employment action based on the employee’s participation in the registry or tribal program, or the patient’s positive drug test for cannabis.

The notice must:

• Be in writing;
• Cite the specific federal law or regulation that the employer believes it would violate by failing to act; and
• Specify what monetary or licensing benefit under federal law the employer would lose by failing to take action
• Employers are prohibited from retaliating against employees for asserting their rights or seeking remedies related to these protections.

These employment protections only apply to cannabis registry or tribal medical cannabis program participants.

Review, Update Policies

Members are encouraged to review and update any related policies, and contact legal counsel with any questions about the changes in the law.