Phyllis Karasov Helps Minnesota Employers Navigate Legalized THC Edibles in Kare11 Interview
Yesterday, Phyllis Karasov was interviewed by Kare11 news in an effort to help Minnesota employers navigate legalized THC edibles. In the interview, Phyllis discussed the complexities created by the legalization of THC edibles in Minnesota. In a recent blog post about the topic, Phyllis points out that the new "THC statute does not discuss protections for employees or applicants who test positive for marijuana because they have consumed a THC product. An applicant or an employee can now explain a positive result for marijuana as arising from the lawful use of THC products, which creates a conundrum for employers."
Minnesota’s Lawful Consumable Products Act protects the consumption of a lawful consumable product during an employee’s non-work time. Phyllis points out that "the statute defines a “lawful consumable product” as a product whose use or enjoyment is lawful, and specifically includes food, alcoholic or non-alcoholic beverages, and tobacco. It is unclear if THC edibles fall under this statute, and if they do, it would protect an employee who receives a positive marijuana test because of the consumption of THC." Given the uncertainty surrounding this new issue, Phyllis recommends employers pay close attention as new information develops and seek guidance if questions arise.
Listen to the Kare11 interview here. To learn more about the subject, read Phyllis' blog post, Minnesota Employers Navigate Legalized THC Edibles.
Phyllis Karasov is an attorney who advises businesses on labor and employment matters. Her clients come from a variety of sectors, including construction, manufacturing, higher education, K-12 private education, nonprofits and healthcare.