New Mexico: Support bills to protect medical cannabis patients in the workplace!

Two bills, HB 230 and SB 269, are advancing through the New Mexico legislature to clarify employment protections for medical cannabis patients. These bills would ensure that qualified patients cannot be fired or denied employment solely for testing positive for cannabis or its metabolites, while still allowing employers to enforce workplace safety policies.

If you live in New Mexico, let your lawmakers know: Medical cannabis patients should not have to choose between their health and their jobs.

It is already illegal under New Mexico law for employers to take adverse actions against employees for state-legal medical cannabis activities (with an exception if it is mandated by the feds). HB 230, introduced by Representative Reena Szczepanski, and Senator Linda López's SB 269 would ban random drug testing of registered patients for cannabis and clarify that a positive test result alone cannot be used to prove impairment. Instead, testing would only be allowed when there is reasonable suspicion of impairment at work, after a workplace accident involving another person, or following an incident that causes property damage.

Additionally, the Department of Health and Workforce Solutions would be required to develop guidelines for determining cannabis impairment based on physical symptoms, psychomotor performance, and cognitive function.