Minnesota Becomes 22nd State to Legalize Medical Marijuana

Author: David B. Weisenfeld, XpertHR Legal Editor

June 4, 2014

Minnesota has become the 22nd state to legalize medical marijuana use with a bill signed by Governor Mark Dayton on May 29. The new law prohibits discrimination against job applicants or employees solely on the basis of a confirmed positive drug test that results from medical marijuana use unless the patient used, possessed or was impaired by the drug on the employer's premises during work hours.

Under the law, covered conditions include:

  • Cancer;
  • HIV/AIDS;
  • Lou Gehrig's disease;
  • Glaucoma;
  • Multiple sclerosis; and
  • Crohn's disease.

However, the Minnesota law does not permit state residents to smoke marijuana for any reason or to access it in leaf form. Instead, medical marijuana will be available to qualifying patients in pill, oil and vapor forms by July 1, 2015. Supporters of medical marijuana lamented the law's no-smoking stipulation, claiming the most beneficial way to consume medical marijuana is in its natural form.

The bill permits eight dispensaries and two manufacturing facilities to be opened in Minnesota - a smaller number than what other states to recently legalize the drug have authorized.

A state-licensed health care practitioner must certify that an individual has a qualifying condition and is eligible to use marijuana for medicinal purposes. The Commissioner of Health will then enroll the individual in the registry program and issue a registry verification.

Minnesota employers may wish to evaluate their drug testing policies in light of this law since it effectively bans employers from refusing to hire a job applicant with a medical marijuana prescription because of a positive preemployment drug test.

Trend Continues to Gain Steam

On June 1, a new Maryland law took effect allowing medical marijuana use by individuals with qualifying illnesses or conditions. Maryland also will soon go further with another law that decriminalizes small amounts of marijuana possession, making the offense not unlike a traffic violation.

Meanwhile, New York may soon join the legalization trend regarding medical marijuana. The New York State Assembly overwhelmingly approved a bill in late May to legalize the drug and the legislation is expected to have a good chance of passing the State Senate.

Later this year, Florida residents will vote on whether to legalize medical marijuana. Should the measure pass, Florida would be the first southern state to broadly legalize medical marijuana use.