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Minnesota drug testing laws for employers

Minnesota's Drug and Alcohol Testing in the Workplace Act (DATWA) sets strict rules for every employer that tests, from a written policy to confirmation tests and limits on firing after a first positive. Adult-use cannabis is legal, off-duty use is protected, and you generally may not test job applicants for cannabis unless the job is exempt. Random testing is allowed only for safety-sensitive jobs.

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The state law

Testing applicants

Random testing

Marijuana (recreational)

Also good to know

Common questions

Is drug testing legal for employers in Minnesota?

Minnesota's Drug and Alcohol Testing in the Workplace Act (DATWA) sets strict rules for every employer that tests, from a written policy to confirmation tests and limits on firing after a first positive. Adult-use cannabis is legal, off-duty use is protected, and you generally may not test job applicants for cannabis unless the job is exempt. Random testing is allowed only for safety-sensitive jobs.

Can employers in Minnesota test applicants before hiring?

You may test a job applicant only after a job offer, and you must give the same test to everyone offered that position (Minn. Stat. 181.951, subd. 2).

Is random drug testing allowed in Minnesota?

You may test employees at random only if they are in safety-sensitive positions, or are professional athletes under a union contract that allows it (Minn. Stat. 181.951, subd. 4).

Can a Minnesota employer act on a positive marijuana test?

You may not refuse to hire, discipline, or fire someone for using cannabis off your premises during nonworking hours, because cannabis is a lawful consumable product in Minnesota (Minn. Stat. 181.938, subd. 2).

Some rules for Minnesota weren't confirmed from an official source. Check with the state before relying on this page.

Sources

This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.

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