Bill > HB230

This bill modifies employment protections for medical cannabis users in New Mexico, clarifying when and how employers can conduct drug testing and take action against employees who are qualified medical cannabis patients. The bill prohibits employers from taking adverse employment actions based on cannabis use, unless doing so would cause the loss of federal benefits. Importantly, an employee cannot be considered impaired solely due to the presence of cannabis metabolites. Random drug testing for cannabis is now forbidden, but employers may require testing if they have a reasonable suspicion of impairment at work, after an accident involving another person, or after an accident causing significant property damage. Any cannabis-related drug test must be reviewed by a medical review officer who will determine if there's a legitimate medical explanation for a positive result. The bill requires the Department of Health and Workforce Solutions Department to develop guidelines for determining cannabis impairment, focusing on physical symptoms, psychomotor performance, and cognitive function. The legislation defines an "employee" as a qualified medical cannabis patient and clarifies that employers can still prohibit cannabis use on premises or during work hours. This bill aims to balance employer safety concerns with the rights of medical cannabis patients in the workplace.

Health and Social Services, Justice

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=230&year=25