New Mexico 2025 Regular Session

New Mexico House Bill HB230 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 230
29	29	57
30	30	TH LEGISLATURE
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33	33	STATE
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35	35	OF
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39	39	MEXICO
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42	42	FIRST SESSION
43	43	,
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45	45	2025
46	46	INTRODUCED BY
47	47	Reena Szczepanski and Elizabeth "Liz" Thomson
48	48	AN ACT
49	49	RELATING TO MEDICAL CANNABIS; CLARIFYING WHEN DRUG TESTING FOR
50	50	CANNABIS IS ALLOWED FOR EMPLOYEES WHO ARE QUALIFIED PATIENTS
51	51	PURSUANT TO THE LYNN AND ERIN COMPASSIONATE USE ACT; PROVIDING
52	52	PROTECTIONS AGAINST ADVERSE EMPLOYMENT ACTIONS; PROVIDING
53	53	REQUIREMENTS FOR DETERMINING IMPAIRMENT; REQUIRING THE
54	54	DEPARTMENT OF HEALTH AND THE WORKFORCE SOLUTIONS DEPARTMENT TO
55	55	DEVELOP GUIDELINES FOR EMPLOYERS.
56	56	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
57	57	SECTION 1. Section 26-2B-9 NMSA 1978 (being Laws 2019,
58	58	Chapter 247, Section 11) is amended to read:
59	59	"26-2B-9. EMPLOYMENT PROTECTIONS.--
60	60	A. Unless a failure to do so would cause the
61	61	employer to lose a monetary or licensing-related benefit under
62	62	federal law or federal regulations, it is unlawful to take an
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90	90	adverse employment action against an applicant or an employee
91	91	based on conduct allowed under the Lynn and Erin Compassionate
92	92	Use Act. An employee shall not be considered to be impaired by
93	93	cannabis solely because of the presence of metabolites or
94	94	components of cannabis.
95	95	B. Random drug testing of an employee shall not
96	96	include testing for cannabis. A employer may require a drug
97	97	test for cannabis if the employer has a reasonable suspicion of
98	98	the employee's impairment by cannabis at work or after an
99	99	accident involving the employee and at least one other person
100	100	or an accident causing significant damage to property if the
101	101	employer has a reasonable suspicion of the employee's
102	102	impairment by cannabis at the time of the accident. The drug
103	103	test for cannabis shall be reviewed by a medical review officer
104	104	who shall determine if the reason for a positive test has a
105	105	legitimate medical explanation.
106	106	[B.] C. Nothing in this section shall [(1) ]
107	107	restrict an employer's ability to prohibit or to take an
108	108	adverse employment action against an employee for use of or
109	109	being impaired by [medical ] cannabis on the premises of the
110	110	place of employment or during the hours of employment [or
111	111	(2) apply to an employee whose employer deems
112	112	that the employee works in a safety-sensitive position ].
113	113	D. Defining "cannabis impairment" is the
114	114	responsibility of the employer. The department of health shall
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143	143	assist the workforce solutions department in developing
144	144	cannabis impairment guidelines that are based on the most
145	145	reliable research- or evidence-based cannabis impairment
146	146	indicators, including the evaluation of physical symptoms and
147	147	psychomotor and cognitive performance. The workforce solutions
148	148	department shall inform private employers of this section and
149	149	provide information related to the most recent advances in
150	150	testing protocols for determining cannabis impairment. The
151	151	department of finance and administration shall disseminate the
152	152	cannabis impairment guidelines to state agencies and political
153	153	subdivisions of the state.
154	154	E. As used in this section:
155	155	(1) "employee" means an employee who is also a
156	156	qualified patient pursuant to the Lynn and Erin Compassionate
157	157	Use Act; and
158	158	(2) "employer" includes an agent of the
159	159	employer."
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