What are the Limits on Cannabis Consumption in Minnesota?

Compliance Corner

When states decriminalize cannabis, there's often confusion on what people can and can't do with the drug. That confusion has the potential to impact workers' compensation claims, as there could be a misconception that since its legal, it's okay to show up under the influence at work.

To spell out the limits of cannabis legality in Minnesota, the North Star state has set some boundaries, which Simply Research subscribers have access to and we highlight here.

When, Where of Consumption

Minnesota law does not permit any person to engage in and does not prevent the imposition of civil, criminal, or other penalties for:

(1) Undertaking a task under the influence of medical cannabis flower or medical cannabinoid products that would constitute negligence or professional malpractice.

(2) Possessing or consuming medical cannabis flower or medical cannabinoid products:

+On a school bus or van

+In a correctional facility

+ In a state-operated treatment program, including the Minnesota sex offender program

+ On the grounds of a childcare facility or family or group family day care program

(3) Vaping or smoking medical cannabis:

+ On any form of public transportation

+ Where the vapor would be inhaled by a nonpatient minor or where the smoke would be inhaled by a minor

+ In any public place, including any indoor or outdoor area used by or open to the general public or a place of employment

(4) Operating, navigating, or being in actual physical control of a motor vehicle, aircraft, train, or motorboat or working on transportation property, equipment, or facilities while under the influence of medical cannabis flower or a medical cannabinoid product

Healthcare Facilities

Healthcare facilities may adopt reasonable restrictions on the use of cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived topical products by a patient enrolled in the registry program who resides at or is actively receiving treatment or care at the facility.

The restrictions may include a provision that the facility must not store or maintain a patient's supply of cannabis flower or cannabis products on behalf of the patient; that a patient store the patient's supply of cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived topical products in a locked container accessible only to the patient, the patient's designated caregiver, or the patient's parent, legal guardian, or spouse; that the facility is not responsible for providing cannabis or hemp for patients; and that cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived topical products are used only in a location specified by the facility or provider.

Nothing requires facilities and providers listed to adopt such restrictions.

Clashes with Federal Law

On the other hand, no facility or provider may unreasonably limit a patient's access to or use of cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived topical products to the extent that such use is authorized or, in the case of a visiting patient, authorized to use cannabis under the laws of their state of residence.

No facility or provider may prohibit a patient access to or use of cannabis flower or cannabis products due solely to the fact that cannabis is a controlled substance pursuant to the federal Uniform Controlled Substances Act. If a federal regulatory agency, the United States Department of Justice, or the federal Centers for Medicare and Medicaid Services takes one of the following actions, a facility or provider may suspend compliance with state law until the regulatory agency, the United States Department of Justice, or the federal Centers for Medicare and Medicaid Services notifies the facility or provider that it may resume permitting the use of cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived topical products within the facility or in the provider's service setting:

(1) A federal regulatory agency or the United States Department of Justice initiates enforcement action against a facility or provider related to the facility's compliance with the medical cannabis program; or

(2) A federal regulatory agency, the United States Department of Justice, or the federal Centers for Medicare and Medicaid Services issues a rule or otherwise provides notification to the facility or provider that expressly prohibits the use of medical cannabis in health care facilities or otherwise prohibits compliance with the medical cannabis program.

Healthcare Employees

An employee or agent of a facility or provider is not violating Minnesota law for the possession of cannabis flower or cannabis products while carrying out employment duties, including providing or supervising care to a patient enrolled in the registry program, or distribution of cannabis flower or cannabis products to a patient enrolled in the registry program who resides at or is actively receiving treatment or care at the facility or from the provider with which the employee or agent is affiliated.

Sober Homes

A resident of a sober home who is a patient enrolled in the registry program must have access to medical cannabis flower and medical cannabinoid products.

Child Care Facilities

A proprietor of a family or group family day care program must disclose to parents or guardians of children cared for on the premises of the family or group family day care program, if the proprietor permits the smoking or use of medical cannabis on the premises, outside of its hours of operation. Disclosure must include posting on the premises a conspicuous written notice and orally informing parents or guardians.

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