Minnesota Drug Laws
We are going to explore two aspects of Minnesota drug laws and the information necessary to learn how to pass a drug test in Minnesota.
Learning The Basics Of Minnesota Drug Laws.
First, we are not attorneys and can not provide specific advice on the Minnesota Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Minnesota drug laws.
Second, for those of you who are concerned with those Minnesota Minnesota Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Minnesota.
There Are Four Major Drug Tests Given In Minnesota.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Minnesota.
Minnesota Drug Laws For Employees.
Minnesota allows employers to require applicants and employees to take drug tests, but only in certain circumstances. Minnesota law protects employees who test positive for the first time from termination, if the employee successfully completes a rehabilitation program.
Drug Testing for Minnesota Applicants.
Employers may require applicants to take drug tests, but only after they applicant has received a job offer and a written notice of the testing policy. An employer may test an applicant only if it tests all applicants for the same position.
If an applicant tests positive, the applicant has three days to explain the results and five days to request a confirmatory retest. If the employer has already made a job offer contingent on the applicant passing a drug test, the employer may not rescind the offer based on an initial positive test until it verifies the result in a confirmatory test.
Drug Testing for Minnesota Employees.
Minnesota employers are not required to drug test employees, and they may not test on an arbitrary or capricious basis. Employers may require testing only according to a written testing policy, which must set forth the consequences of testing positive or refusing to take a test. The policy must be posted.
Employees may be required to take a drug test if the employer has a reasonable suspicion that:
- the employee is under the influence of drugs or alcohol
- the employee has violated the employer’s drug policy
- the employee has been involved in an accident, or
- the employee has sustained or caused another employee to sustain a personal injury.
An employer may also require an employee to take a drug test as part of a routine physical exam taking place no more often than once a year, as long as the employee has at least two weeks’ notice. An employer may test an employee who has been referred by the employer to, or is participating in, a chemical dependency treatment program. These employees may be tested without notice during treatment and for two years afterward.
Random drug tests are permitted only for employees in safety-sensitive positions and professional athletes.
If an employee tests positive, the employee may request a confirmatory retest within five days. An employer may not discharge an employee for a first-time positive test without offering counseling or rehabilitation. However, an employee who refuses treatment or does not complete the program successfully may be discharged.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Minnesota? Even though Minnesota Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Minnesota Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Minnesota employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Minnesota Drug Laws.
|Statute of Order:||Minn. Stat. §181.950 et seq.|
|Covered Employers:||Public and private employers.|
|Applicant Testing:||Applicant testing authorized, pursuant to employer’s written policy and with advance notification of applicant, only after offer of employment has been made and only if all candidates for job are tested.|
|Employee Testing:||Employee testing authorized after an accident, as part of an employee assistance program, when there is reasonable suspicion of substance abuse, or part of annual physical exam, provided employee has two weeks’ advance notice. Random testing authorized of employees in safety-sensitive jobs. Employer may suspend or transfer employee testing positive pending outcome of confirming test. Discharge authorized only if employee refuses or fails to complete treatment.|
|Conditions & Methods:||Testing only by certified laboratory, documentation showing chain of custody, and confirming test in case of positive findings. Confidentiality of test results.|
|Testing Bullet Points:||
The Minnesota Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Minnesota Are For Breaking Minnesota Drug Laws For Marijuana, Not Federal Or Local Laws.
Minnesota drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Minnesota behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Minnesota using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Minnesota is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing