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Q19. Does the new Minn-esota legal ca:nnabin.o.id law change anyth .ng about how we do. drug testing for CDL holders' A14..No, cities with :positions requiring an.employee M hold a commercial driver's license (CDL) will recall these positions .are*regulated by federal Iaw, .and those regulations are supervised -by the Federal:Departrrient of Transportation (D.O.T). Federal law preempts state law related to cannabinoid use; in fact the DOT states in its DOT recreational Marijuana Notice it does not authorize the Use-:nfSchedule I drugs, including marijixaria, for any reason. As .s result, cities should continue to follow their drug -testing procedures related to -CDT holders and. may enforce prohibitions agaiin_d any use of cannabinoids.for CDLholders, regardless of:state.law protections. Although there is a legal.difference. between marijuana and hemp, DOT warns CDL drivers the hemp products -could lead to a positive marijuana test; therefore CDL holders are ultimately responsible *ifthose products lead to a positive marijuana test. Cities can find more information cin.the effects of tj.e new law on drug testing in the LMC Drug and Alcohol Testing Toolltit,:starting on page. 22. Q20. Does the new law change anything related to employees who carry a firearm? t, A20. No. Public safety employees who carry a firearm cannoTIAW'fully Use marijuana. under federal law. Federal lave pr0hibits.ci0es from providing firearms or ammunition to an employee it knows or has reason to think:ia using marijuana.:Although there is a.legal difference, between marijuana products. and hemp praducts,-itis the. understanding of LMC ihatit may nofbe possible to differentiate the products in a drug test. Officers shp4ld be mindf d pf any substance they ingest because they are ultimately responsible if those. products lead to a positive marijuana test. Q21. Are there now *"*acceptable" limits .of cannabinoids for non-C.DL employees for purposes of d*r.u.g test ng at. work (i.e., those we test u n d e r state drug and alcohol testing law)? A2I. There;isn't a.clear answer, since THC can -remain in the body -for several weeks after usage (arid long after any intoxicating or impairing effects have since disappeared),. so positive. test. results may not indicate any wrongdoing on. the employee's part andmay just be evidence.of an employee's lawful -actions done outside of work. The League:of*Minnesota Cities recommends_ that employers thoroughly document any suspicions of an employee being under the influence and to work. closely with their city attorney(s) before taking any action against the.employee. Wlth:this new area of law, a city may want to avoid relying on the results of traditional tests. that detect -metabolites remaining in a person's body (for many days or weeks *after using marauana) and instead f6cus on implementing reasonable -suspicion drug -testing protocols to detect..