No more testing? Cannabis legalization complicates HR policies

(FOX 9) - The law legalizing recreational marijuana in Minnesota creates major changes when it comes to drug testing by businesses.

Testing for marijuana will not be allowed for the most part, but there are exceptions.

They’re now scrambling to update human resources policies — part of a pretty big learning curve between now and Aug. 1.

Legalized cannabis is potentially big business for a marketing company like Modern Climate in the North Loop.

"From an industry standpoint we’re very excited this is a new industry coming to the state of Minnesota," said Modern Climate CEO John Hyduke.

But Hyduke has also had to hire a lawyer as a Human Resources (HR) consultant to rewrite company policies based on the new law.

"When you boil it all down, you just want to make sure the right of the employees and the rights of the business are taken into account," he said.

HR consultants like Rebecca Jacobs at the nonprofit MRA have been in demand since the legalization bill passed in May.

"We're getting a lot of questions," Jacobs said. "People want to know the changes."

The biggest change is that most employers cannot test people for marijuana as a condition of employment — before or after hiring them.

They can test with reasonable cause, including unsafe behavior or an accident or injury.

The Minnesota Chamber of Commerce has traveled across the state telling business executives it’s good to have conversations with employees about how they’re enforcing the new laws – giving details like how they’re defining unsafe behavior.

Jacobs emphasizes that detail because unlike with alcohol, there’s no test yet to determine whether someone is impaired by cannabis.

"It's going to be even more important for managers and supervisors to get that training to be able to spot, hey, this person might be impaired by cannabis," Jacobs said.

A few things haven’t changed, though:

Businesses can prohibit employees from bringing cannabis to work.

And there are eight categories of jobs where you can’t use it and employers can test for it.

That includes peace officers, firefighters, commercial drivers, and people who care for children or vulnerable adults.