Home › Workplace drug testing laws › Minnesota
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.
Have a whole roster to keep current every month? DOT fleets: Pact's monthly DOT program, $25 a driver a month ($99 minimum), or $19 a month for an owner-operator. Nursing homes, hospice and home care: staff credential tracking, $10 a staff member a month ($250 minimum). First month free.
The state law
- You may test only under a written drug, alcohol and cannabis testing policy, using a certified lab or the state's oral fluid test procedure (Minn. Stat. 181.951, subd. 1).
- The policy must say who is tested, when, the right to refuse and what happens, possible discipline, the right to explain a positive or pay for a retest, and any appeal steps (Minn. Stat. 181.952, subd. 1).
- You must give written notice of the policy to affected employees and post a notice that copies are available for review (Minn. Stat. 181.952, subd. 2).
- Before testing, the person must sign a form saying they have seen the policy (Minn. Stat. 181.953, subd. 6(a)).
- Labs must be SAMHSA (NIDA)-certified, CAP forensic-accredited, or New York-licensed, and must confirm every positive screen (Minn. Stat. 181.953, subd. 1, 3).
- You must tell the person their result in writing within 3 working days of getting the lab report, and they have 3 working days after a confirmed positive to explain it or ask for a retest at their own cost (Minn. Stat. 181.953, subd. 6-7).
- You may not fire someone for a first confirmed positive unless you first offered counseling or rehabilitation and they refused or did not complete it (Minn. Stat. 181.953, subd. 10(b)).
- You must pay for the testing, except for a retest the employee asks for (Minn. Stat. 181.953, subd. 4).
- Test results are confidential and may not be shared without the person's written consent, except in narrow cases (Minn. Stat. 181.954, subd. 2-3).
Testing applicants
- 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).
- You may not ask a job applicant to take a cannabis test unless the job is exempt or state or federal law requires it (Minn. Stat. 181.951, subd. 8(a)).
- Exempt jobs include safety-sensitive positions, peace officers, firefighters, jobs caring for children, vulnerable adults or patients, CDL drivers, federally funded jobs, and jobs where law requires cannabis testing (Minn. Stat. 181.951, subd. 9).
- You may not withdraw a job offer based on a screen that was not confirmed (Minn. Stat. 181.953, subd. 11).
- If you withdraw a job offer after testing, you must tell the applicant why (Minn. Stat. 181.951, subd. 2).
Random testing
- 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).
- Random selection must give each person in the pool an equal chance and you may not waive anyone who is picked (Minn. Stat. 181.950, subd. 11).
- A safety-sensitive job is one, including supervisors, where impairment would threaten anyone's health or safety (Minn. Stat. 181.950, subd. 13).
Marijuana (recreational)
- 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).
- You may still act on cannabis use, possession or impairment at work, on your premises, or in your vehicles or equipment, under written work rules in your testing policy (Minn. Stat. 181.952, subd. 3; 181.953, subd. 10a).
- Unless law requires it, you may not refuse to hire an applicant solely because a test shows cannabis (Minn. Stat. 181.951, subd. 8(b)).
- Reasonable suspicion, post-accident and treatment program testing may include cannabis for current employees (Minn. Stat. 181.951, subd. 5-6).
- You may not discriminate against a registered medical cannabis patient, or act on their positive test alone, unless they used, possessed or were impaired at work, or federal law or a federal benefit is at risk (Minn. Stat. 342.57, subd. 5(a)).
- You must give a medical cannabis patient written notice at least 14 days before taking an action you claim federal law requires, citing that law (Minn. Stat. 342.57, subd. 5a).
Also good to know
- Oral fluid tests are allowed, but the person gets the result on the spot and may ask within 48 hours for a free lab test after a positive, inconclusive or invalid result (Minn. Stat. 181.953, subd. 5a).
- Employees can sue for damages and get reinstatement with back pay for violations, and you may not retaliate for asserting these rights (Minn. Stat. 181.956).
- The act's protections yield where federal rules, such as DOT testing, specifically preempt them (Minn. Stat. 181.957).
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
- Minn. Stat. 181.938 (official)
- Minn. Stat. 181.950 (official)
- Minn. Stat. 181.951 (official)
- Minn. Stat. 181.952 (official)
- Minn. Stat. 181.953 (official)
- Minn. Stat. 181.954 (official)
- Minn. Stat. 181.956 (official)
- Minn. Stat. 181.957 (official)
- Minn. Stat. 342.57 (official)
- 2026 statutes changed by session law, chapter 181 (official)
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.