September 16, 2024
What to Do If Only Cannabis Medication Works for Your Migraines, but Your Job Requires Drug Testing
Medical cannabis use is becoming more and more common throughout the United States. As of February 2024, 47 states, including Minnesota, allow for the use of cannabis for medical purposes, according to the Centers for Disease Control and Prevention (CDC). Some states have different approaches to the use of medical cannabis, including some that allow for its use through comprehensive programs or pe only allow the use of CBD or low-THC products.
And as with any kind of new law related to employment and labor, the legalization of medical cannabis in Minnesota has raised all kinds of new questions and concerns for employees and employers alike. Especially when we keep in mind the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA) limits the circumstances in which an employer can require a drug or alcohol test and what the employer can do with test results. Employees who have been prescribed medical cannabis may be left confused on their employee rights relating to drug testing in the workplace.
For any employee or potential employee who has been prescribed medical cannabis, the question of what impact your medicinal use of the substance may have on your employee rights is a big one—especially if you work or are interviewing with a workplace that performs drug testing.
What to do if only Cannabis Medication Works for Migraines, But My Job Does Drug Testing?
Since the legalization of medical cannabis in Minnesota, new concerns and considerations have arisen in regard to employment drug testing and what that means for employees who use cannabis for medicinal purposes. One key fact to be aware of is that in Minnesota, no employee who is enrolled in the Minnesota Cannabis Registry program can be fired if they test positive for medical cannabis (with limited exceptions, such as if you arrive to your workplace under the influence.) So, in general, if your job does drug testing as legally permitted by state law in Minnesota, you cannot be fired for the use of medical cannabis (with limited exceptions).
Something to keep in mind is that the Minnesota DATWA prohibits drug testing in the workplace that is of an arbitrary basis. The few scenarios in which DATWA does allow for drug testing in the workplace includes:
For job applicants, only after a conditional job offer has been offered;
Random testing is allowed only if an employee is a professional athlete or in a safety-sensitive position;
Reasonable suspicion drug testing is allowed if an employee is suspected of being under the influence of drugs or alcohol while at work, for violating a workplace drug and alcohol policy, or if a personal injury or work-related accident has been caused;
For routine physical examinations that may only occur once a year and with two weeks’ written notice of any drug testing; and
If an employer has referred an employee to chemical dependency treatment/evaluation or if the employee is taking part in a treatment program under an employee benefit plan.
As you can see, the Minnesota DATWA provides a number of protections and employee rights regarding reasonable suspicion drug testing in the workplace. But it is also important to note that certain employees and job applicants are exempt from DATWA protections due to certain federal laws that supersede state laws. These potentially exempt individuals can include transit workers, railroad workers, commercial drivers, and pipeline workers, among others.
Remember that you also have the right to consult with a Minneapolis drug testing attorney at Wanta Thome if you believe that your employee rights related to drug testing in the workplace have been violated.
Does a Medical Cannabis Card Excuse a Drug Test?
Having a medical cannabis card or being enrolled in the Minnesota Medical Cannabis Registry program does not excuse you from being drug tested in the workplace. If your employer is following state law and conducting a drug test in one of the above situations and administering the test properly, you can be tested.
If you are drug tested, you have the right to share information with your employer or potential employer about any type of medication that might impact the test results. This includes medical cannabis. You’ll want to present proof of your participation in the Minnesota Medical Cannabis registry.
Further Questions about Employee Rights and Drug Testing in the Workplace? Reach Out Today.
Wanta Thome is fully dedicated to protecting the rights of employees throughout the state of Minnesota. If you have questions related to Minnesota medical cannabis employment drug testing or believe that your employee rights related to drug testing in the workplace have been violated, please reach out to us at Wanta Thome.
Our Minneapolis employment attorneys want to hear from you to learn more about your situation. We bring expert knowledge of DATWA to the table and we offer free, confidential consultations. To schedule a consultation with us, reach out to us over the phone at 612-252-3570 or click here.