Minnesota Enacts Law Enhancing Employment Protections for Medical Cannabis Patients

LOS ANGELES— A new Minnesota law, Senate File 2370 (SF 2370), which took effect on May 24, 2025, introduces expanded employment protections for registered medical cannabis patients. Under the law, employers must now provide a 14-day written notice before taking any adverse employment action—such as termination or discipline—against a medical cannabis patient who tests positive for cannabis. This notice must cite the specific federal statute, regulation, or licensing rule the employer believes would be violated by continuing to employ the individual, effectively barring generalized references to federal law as justification.

The legislation builds on the cannabis policy framework established by House File 100 (HF 100), passed in 2023, which legalized adult-use cannabis and added it to the list of lawful consumable products in Minnesota. HF 100 prohibited most employers from testing job applicants for cannabis and extended anti-discrimination protections to off-duty users. However, it did not mandate any formal notice or justification for disciplinary actions based on cannabis test results. SF 2370 addresses this procedural gap, adding a transparency requirement specifically for medical cannabis patients.

SF 2370 also expands legal protections beyond the employment context. It bars discrimination based on medical cannabis status in education, housing, and professional licensing. Patients enrolled in tribal medical cannabis programs are now equally protected, and the law increases enforcement penalties, allowing courts to issue injunctions and raising statutory damages from $100 to $1,000 for violations.

For employers—especially those in federally regulated industries such as transportation, healthcare, and defense—the law requires a more nuanced approach. While these employers may still conduct cannabis testing due to federal obligations, SF 2370 mandates that any disciplinary action be preceded by written documentation showing the specific federal benefit or contract at risk. The statute also includes exceptions for situations where delay would clearly result in legal or contractual violations, but again, such exceptions must be documented with specificity.

Minnesota joins other states such as New York, New Jersey, and Rhode Island in enhancing protections for cannabis users in the workplace. However, SF 2370 stands out for requiring employers to demonstrate the legal basis of their actions, shifting some of the burden of proof to the employer. As cannabis legalization progresses, Minnesota’s approach signals a broader shift toward greater procedural fairness and legal accountability in employment policies related to cannabis use.