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SENATE BILL 269
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Linda M. López and Shannon D. Pinto
AN ACT
RELATING TO MEDICAL CANNABIS; CLARIFYING WHEN DRUG TESTING FOR
CANNABIS IS ALLOWED FOR EMPLOYEES WHO ARE QUALIFIED PATIENTS
PURSUANT TO THE LYNN AND ERIN COMPASSIONATE USE ACT; PROVIDING
PROTECTIONS AGAINST ADVERSE EMPLOYMENT ACTIONS; PROVIDING
REQUIREMENTS FOR DETERMINING IMPAIRMENT; REQUIRING THE
DEPARTMENT OF HEALTH AND THE WORKFORCE SOLUTIONS DEPARTMENT TO
DEVELOP GUIDELINES FOR EMPLOYERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 26-2B-9 NMSA 1978 (being Laws 2019,
Chapter 247, Section 11) is amended to read:
"26-2B-9. EMPLOYMENT PROTECTIONS.--
A. Unless a failure to do so would cause the
employer to lose a monetary or licensing-related benefit under
federal law or federal regulations, it is unlawful to take an
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adverse employment action against an applicant or an employee
based on conduct allowed under the Lynn and Erin Compassionate
Use Act. An employee shall not be considered to be impaired by
cannabis solely because of the presence of metabolites or
components of cannabis.
B. Random drug testing of an employee shall not
include testing for cannabis. An employer may require a drug
test for cannabis if the employer has a reasonable suspicion of
the employee's impairment by cannabis at work or after an
accident involving the employee and at least one other person
or an accident causing significant damage to property if the
employer has a reasonable suspicion of the employee's
impairment by cannabis at the time of the accident. The
employer shall follow the cannabis impairment guidelines when
testing for cannabis impairment.
[B.] C. Nothing in this section shall [(1) ]
restrict an employer's ability to prohibit or to take an
adverse employment action against an employee for use of or
being impaired by [medical ] cannabis on the premises of the
place of employment or during the hours of employment [or
(2) apply to an employee whose employer deems
that the employee works in a safety-sensitive position ].
D. Defining "cannabis impairment" is the
responsibility of the employer. The department of health shall
assist the workforce solutions department in developing
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cannabis impairment guidelines that are based on the most
reliable research- or evidence-based cannabis impairment
indicators, including the evaluation of physical symptoms and
psychomotor and cognitive performance. The workforce solutions
department shall inform private employers of this section and
provide information related to the most recent advances in
testing protocols for determining cannabis impairment. The
department of finance and administration shall disseminate the
cannabis impairment guidelines to state agencies and political
subdivisions of the state.
E. As used in this section:
(1) "employee" means an employee who is also a
qualified patient pursuant to the Lynn and Erin Compassionate
Use Act; and
(2) "employer" includes an agent of the
employer."
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