Minnesota drug testing laws for employers: pre-employment testing rules (2026)

Minnesota regulates drug testing in detail through the Drug and Alcohol Testing in the Workplace Act (DATWA), Minnesota Statutes §§ 181.950–181.957. Testing is voluntary, but an employer that tests must have a written policy, use a qualifying laboratory, test applicants only after a job offer and only if everyone offered that position is tested, confirm positives before acting, and give notice, explanation and retest rights. Since the 2023 cannabis law, employers generally may not require applicants to take a cannabis test or refuse to hire solely over a cannabis result, except for listed positions such as safety-sensitive, CDL and caregiving jobs, as of October 2026.

Minnesota drug testing rules at a glance

Does Minnesota have a drug testing law for employers?

Yes, and it applies broadly. DATWA defines an employer as a person or entity "located or doing business in this state and having one or more employees" (§ 181.950, subd. 7). The Act does not make anyone test: "Employers do not have a legal duty to request or require an employee or job applicant to undergo drug or alcohol testing" (§ 181.951, subd. 7). But once you test, § 181.951, subdivision 1, says you may do so only as the Act authorizes, under a compliant written policy, and never "on an arbitrary and capricious basis."

What must a Minnesota testing policy include?

Under § 181.952, subdivision 1, the policy must set out at least:

1. the employees or job applicants subject to testing;
2. the circumstances under which testing may be requested or required;
3. the right to refuse a test and the consequences of refusing;
4. any disciplinary or other adverse action that may follow a confirmed positive;
5. the right to explain a confirmed positive or to request and pay for a confirmatory retest; and
6. any other appeal procedures.

Subdivision 2 requires written notice of the policy to a job applicant "upon hire and before any testing of the applicant if the job offer is made contingent on the applicant passing drug and alcohol testing," and a posted notice on the premises that the policy exists and can be inspected.

When and how can you test an applicant in Minnesota?

• After an offer, for everyone. Section 181.951, subdivision 2: an employer may test an applicant "provided a job offer has been made to the applicant and the same test is requested or required of all job applicants conditionally offered employment for that position." If the offer is withdrawn, the employer must tell the applicant why.
• Qualifying laboratory. Section 181.953, subdivision 1, requires a lab certified under the federal mandatory guidelines (the statute names the National Institute on Drug Abuse), accredited by the College of American Pathologists' forensic urine drug testing program, or licensed by the New York State Department of Health. Employers may not use a lab they own and operate.
• Oral fluid alternative. Subdivision 5a allows an oral fluid test where testing is otherwise authorized. The person is told the result on the spot and, within 48 hours of a positive, inconclusive or invalid result, may ask for a laboratory test at no cost.
• Confirmation and records. The lab must run a confirmatory test on every positive screen, report within three working days, and keep positive samples for at least six months. The employer must keep its own written chain of custody (subdivision 5).
• Employer pays. Under subdivision 4, the applicant cannot be required to pay for testing.

What rights does an applicant have after a positive result?

1. Before testing, the applicant signs a form acknowledging they have seen the policy (§ 181.953, subd. 6(a)).
2. After a positive, the applicant gets written notice of the right to explain, and the employer may ask about prescription and over-the-counter medications (subd. 6(b)).
3. Within three working days of the lab report, the employer informs the applicant in writing of the result and their rights (subd. 7), and the applicant may request a copy of the report (subd. 8).
4. Within three working days of notice of a confirmed positive, the applicant may submit an explanation or request a retest (subd. 6(c)); written notice of intent to retest is due within five working days, and the retest is at the applicant's expense (subd. 9). If the retest does not confirm the original result, no adverse action may follow.
5. An employer "may not withdraw the offer based on a positive test result from an initial screening test that has not been verified by a confirmatory test" (subd. 11).

Can Minnesota employers test applicants for cannabis?

In most jobs, no. DATWA's definition of "drug" now excludes marijuana, THC and cannabis products, and cannabis testing has its own rules. Section 181.951, subdivision 8, says an employer "must not request or require a job applicant to undergo cannabis testing as a condition of employment unless otherwise required by state or federal law," and must not refuse to hire "solely" because a test shows cannabis. Subdivision 9 treats cannabis as a drug, testable under the normal DATWA rules, for:

• safety-sensitive positions, meaning jobs, including supervisory or management jobs, "in which an impairment caused by drug, alcohol, or cannabis usage would threaten the health or safety of any person" (§ 181.950, subd. 13);
• peace officers and firefighters;
• positions requiring face-to-face care, training, education, supervision, counseling, consultation or medical assistance to children, vulnerable adults or patients;
• positions requiring a commercial driver's license, or driving for which state or federal law requires testing;
• positions funded by a federal grant; and
• any other position where state or federal law requires cannabis testing.

Off-duty use is separately protected. Section 181.938 bars refusing to hire an applicant for using "lawful consumable products," which include cannabis flower and cannabis products, off the employer's premises during nonworking hours, and says they are lawful "regardless of whether federal or other state law" treats them as unlawful. Medical cannabis patients have their own protection in § 342.57, subdivision 5: no hiring discrimination for registry status or "a patient's positive drug test for cannabis components or metabolites," unless the patient used, possessed or was impaired at work, during working hours or while operating the employer's equipment.

Which federal rules still apply in Minnesota?

• Preempted testing. Section 181.957 excludes applicants whose work must be tested under federal regulations that preempt state law, such as DOT rules, or under certain federal contracts, but requires employers to follow the state protections wherever they are not inconsistent with the federal rules.
• DOT testing. Commercial drivers need a verified negative result before first performing safety-sensitive functions (49 CFR § 382.301), under 49 CFR Part 40; under § 40.151(e) a medical cannabis recommendation does not turn a positive into a negative.
• Federal contractors. The Drug-Free Workplace Act (41 U.S.C. § 8102) requires a policy statement and awareness program; its listed requirements do not include testing.

What should staffing agencies placing workers in Minnesota do?

DATWA's definitions of "employee" and "job applicant" include "independent contractor, or person working for an independent contractor" (§ 181.950, subds. 6 and 9). An agency that tests its own hires needs its own compliant policy, and a client that tests agency workers placed with it is likely covered too. Agree in the contract whose policy governs, who orders the test, and who sends the three-working-day notices. Violations carry civil damages, injunctions and, for knowing or reckless violations, attorney fees under § 181.956. For the rest of Minnesota's hiring rules, see our Minnesota hiring checklist and Minnesota ban-the-box guide.

Checklist: before you drug test an applicant in Minnesota

1. Adopt a written policy with all six § 181.952 items and post the notice.
2. Make the offer first, and test everyone offered that position the same way.
3. Drop cannabis from the panel unless the job is on the subdivision 9 list or law requires it.
4. Use a qualifying lab, keep a chain of custody and pay for the test.
5. Collect the signed acknowledgment before testing; send written results and rights within three working days.
6. Never withdraw an offer on an unconfirmed screen, and state the reason if you withdraw one.
7. Use the drug testing policy template as a starting point and compare Vermont, the other state with a full testing statute, or the overview in drug testing laws in hiring.