Bill > SB269

This bill amends existing employment protections for medical cannabis users in New Mexico, providing clearer guidelines for how employers can address cannabis use and potential impairment. The bill prohibits employers from taking adverse employment actions against qualified medical cannabis patients, except in specific circumstances such as federal compliance requirements. Random drug testing for cannabis is now banned, and employers can only test for cannabis if there is a reasonable suspicion of impairment at work, after an accident involving another person, or after an accident causing significant property damage. The bill requires the Department of Health and Workforce Solutions Department to develop research-based guidelines for determining cannabis impairment, focusing on physical symptoms, psychomotor performance, and cognitive abilities. Importantly, the presence of cannabis metabolites alone cannot be used to prove impairment, and employers must follow specific protocols when evaluating an employee's potential cannabis-related workplace impairment. The bill also clarifies that employers can still prohibit cannabis use on premises or during work hours, and defines key terms like "employee" and "employer" to provide additional context and legal clarity.

Health and Social Services

https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=269&year=25