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Can employers test employees for THC when new laws take effect?

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Employment lawyers say they are busy answering questions about Minnesota’s new marijuana policy.

MINNEAPOLIS — Employment lawyers say they’re busy answering questions from employers on updating marijuana testing policies for workers.

Those fielding the questions include lawyers like David Waytz, a shareholder with Fredrikson and Byron.

“Companies are thinking whether it’s worth it to worry about cannabis testing,” he said. “You still can’t go to work impaired by cannabis; you can’t possess cannabis or use cannabis while you’re at work and while you’re on your employer’s premises. What’s changed is more protection for off-duty use.” 

He said generally, employers can’t test their workers or prospective employees for THC as a condition of employment. 

There are exceptions for jobs held to federal rules, as well as folks like firefighters, police officers, health care workers and teachers.

Another exception is for those in positions considered to be “safety sensitive.” That’s defined by law as a job in which “an impairment caused by drug, alcohol, or cannabis usage would threaten the health or safety of any person.” Those folks can still be required to test.

Anyone could be held to reasonable suspicion of cannabis testing if, for example, someone appears to be under the influence at work. Experts say they’d like to see more clarification on that rule.

“It’s difficult for employers who want to continue testing for cannabis to be able to distinguish between cannabis usage on the job that may have impaired somebody versus that cannabis usage that might have took place a week earlier or the night before,” said Waytz. “And so what I’m instructing my clients that are employers to do, is think very carefully about how you test for cannabis.”

Waytz said he has counseled his clients for years, even before marijuana was legalized, to focus on performance rather than testing someone for a drug.

“We’re getting a ton of questions,” said Lauryn Schothorst, the director of workplace management and workforce development policy at the Minnesota Chamber of Commerce. 

She said employers are scrambling to get clarification to ensure their policies are in compliance with the new law. 

“Employers want to make sure they’re clear as to how their industry is classified, or their worksite,” said Schothorst. “You don’t want to inadvertently think you’re protected under a federal law or safety-sensitive position when you’re actually not pursuant to the law.” 

Schothorst and the Minnesota Chamber of Commerce have hosted presentations and webinars to answer questions about the issue. She recommends businesses familiarize themselves with the rules and release policy as soon as they can — and definitely before Aug. 1. 

“As an employee, you should feel free to ask what will be changing as a result of the new law,” she said. 

The problem lawyers and the Chamber say they’re facing is that the Office of Cannabis Management isn’t up and running yet, making it difficult for them to get further clarification.

“We’re sort of in a bit of a gray area right now with portions of the law,” said Schothorst. “It’s a lot of confusion as to what’s happening right now and what the law is for individuals and employers right now.”

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Minneapolis City Council overrides mayor’s veto on carbon fees

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Minneapolis Mayor Jacob Frey questioned the legality of the new measure while issuing his veto on Wednesday.

MINNEAPOLIS — The City of Minneapolis will move ahead with new carbon fees after a contentious back and forth at City Hall concluded with the council overriding the mayor’s veto. 

The new fees, which target carbon emissions from city businesses, will be implemented on July 1, 2025, according to the council. 

Minneapolis already has a pollution fee system, known as the Pollution Control Annual Registration or PCAR. The fees go into the city’s Green Cost Share program, helping pay the costs companies incur bringing down their emissions. 

The current PCAR system covers emissions of other air pollutants, including volatile organic compounds, heavy particulates, and sulfur oxides, nitrous oxides, lead, and carbon monoxide. Companies are required to report their emissions levels to the Minnesota Pollution Control Agency, which, in turn, charges fees of $100 per ton.

The City Council voted Oct. 2 to add carbon dioxide to the list. The resolution seeks to impose a $452 per ton fee for carbon dioxide.

Minneapolis Mayor Jacob Frey questioned the legality of the new measure while issuing his veto on Wednesday. 

“I am all on board for PCAR fees—but it’s time the Council stops playing games and follows the processes in place to enact lasting change,” said Mayor Jacob Frey, in a statement to KARE. 

Before his veto was overridden, Frey had told KARE that if the measure were to move forward, companies hit with the fees would likely sue the city and win. 

Council Member Robin Wonsley, who co-authored the measure, took to X (formerly Twitter) to respond to Frey’s veto on Wednesday night.





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Charges filed in death of Elijah Vue

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Wisconsin law enforcement said Katrina Baur, and her partner, Jesse Vang, are facing charges in connection with 3-year-old Elijah Vue’s death, including obstruction.

TWO RIVERS, Wis. — About a month after 3-year-old Elijah Vue’s remains were recovered from a private property in Wisconsin, state authorities announced Thursday that charges have been filed against the boy’s mother and her partner.

Wisconsin law enforcement said Katrina Baur, and her partner, Jesse Vang, are facing charges in connection with 3-year-old Elijah Vue’s death, including obstruction.

Vue went missing in February and it wasn’t until September that his body was recovered and identified.



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Wadena High School football coach cancels remainder of season

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Wadena-Deer Creek head coach Kyle Petermeier told families in a letter that a rash of injuries has reduced the roster to the point that playing is a “safety issue.”

WADENA, Minn. — A central Minnesota high school is pulling the plug on the remainder of its varsity football season, saying continuing to play would not be “safe or realistic.”

Wadena-Deer Creek head coach Kyle Petermeier sent a letter home to families earlier in the week, explaining the decision to skip the Wolverines’ final game and subsequent district playoffs. Petermeier said injuries began piling up as the club reached midseason, and roster numbers hit a dangerous low following Wadena-Deer Creek’s game in week 7. 

Heading into the final regular season game against Staples-Motley, Wadena-Deer Creek had just eight healthy players from 10th to 12th grade. At that point, the coach said, a difficult but necessary decision had to be made in the interest of safety. 

“We are in a position now where we would have to trot out a majority of our team that is 14 and 15 years old, and that is not in the best interest of our kids,” coach Petermeier explained. “To us, safety is ahead of any individual game result. Football is a physical sport and putting out a team of mostly 14-15 year olds vs. 17-18 year olds is not safe or realistic for our team, and even the opposing team playing. “

Before the decision to end their season, the Wolverines were 1-6 on the year, losing games by up to 50 points. 

Coach Petermeier credited this year’s varsity squad for their preparation, training and effort, and told parents he believes the future of the Wadena-Deer Creek football program is bright with big participation numbers with players at the fifth- to ninth-grade levels. 

“Football is a game that requires strength in numbers, and we will do anything we can to keep these numbers high and keep kids out for football,” he promised. 



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