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7/8/22, 10:06 AM Focus on New Laws: Some Edible Cannabinoids Now Legal - League of Minnesota Cities <br />https://www.lmc.org/news-publications/news/all/fonl-edible-cannabinoids/3/3 <br />regulation would be right for their communities. Local regulations will most likely be through a <br />cityʼs zoning or licensing authority. <br />Employment impacts of edible <br />cannabinoids <br />It is important to consider both federal and state laws with respect to employee CBD use and <br />related impacts to the workplace. <br />Cities oen have positions requiring an employee to hold a commercial driverʼs license (CDL). <br />These positions are regulated by federal law and those regulations are supervised by the <br />Federal Department of Transportation (DOT). <br />Federal law preempts state law related to CBD use. In fact, in a December 2012 notice, the DOT <br />states it does not authorize the use of Schedule I drugs, including marijuana, for any reason. As <br />a result, cities should continue to follow their current drug testing procedures related to CDL <br />holders and to enforce prohibitions against any use of cannabis for CDL holders, regardless of <br />state law protections. <br />Additionally, public safety employees who carry a firearm cannot lawfully use cannabis under <br />federal law. Federal law prohibits cities from providing firearms or ammunition to an employee <br />it knows or has reason to know is using cannabis. <br />For non-sworn police officer positions and non-CDL drivers, the new law provides no <br />allowance for an employee to use, possess, or be impaired by cannabis while on duty. Dealing <br />with impaired behavior on the job site can be challenging, so League staff will continue to <br />research this new law and next steps for this groups of workers. <br />Law enforcement impacts of edible <br />cannabinoids <br />The new law and recent rulings by the Board of Pharmacy have changed Minnesotaʼs controlled <br />substances schedules related to certain types of THC products. The League is working with the <br />Minnesota Chiefs of Police Association to explore the public safety implications of the new law. <br />Read more news articles <br />Your LMC Resource <br />Kyle Hartnett <br />Asst. Research Manager/Staff Attorney III <br />(651) 215-4084 or (800) 925-1122 <br />khartnett@lmc.org