In its 2025 legislative session, the Minnesota Legislature expanded employment protections for participants in medical cannabis registry programs. Employers should review the following updates to familiarize themselves with these changes and ensure compliance.
Minn. Stat. § 342.57, subd. 5a: Protections for Registry Program Participants—Notice Requirement
If an employer takes an adverse employment action against an employee because of their participation in a cannabis registry, they must provide the employee written notice at least 14 days before they act. This written notice must cite the specific federal law or regulation that the employer believes would be violated if the employer failed to act. If applicable, the notice must also specify what monetary or licensing-related benefit under federal law or regulations that the employer would lose if the employer failed to act.
Bottom Line
As a result of these changes, cannabis-related protected classes have been expanded to now include . . .
- employees that participate in a state cannabis registry;
- employees that participate in a tribal registry; and
- employees with a history of a positive cannabis test that occurred off-duty.
What this means for employers is that they may not take adverse employment actions against their employees by virtue of their employees belonging to one of these classes. However, if an employer must take an adverse employment action due to an employee’s membership in a cannabis-related protected class for federal compliance purposes, it must provide timely, detailed written notice explaining the legal and/or regulatory basis for the action.
Cannabis law in Minnesota is an area of law which is continuously evolving. Employers are encouraged to reach out to Felhaber attorneys for any questions they may have regarding these changes and how they may impact their operations.
*A special thanks to Fidelina G. Valverde-Rivera for her help with this post.