Summary:

 Senate Bill 269 (SB 269) relates to medical cannabis; clarifies when drug testing for cannabis is allowed for employees who are qualified patients according to the Lynn and Erin Compassionate Use Act; provides protections against adverse employment actions; provides requirements for determining impairment; requires the Department of Health and the Workforce Solutions Department to develop guidelines for employers. 

Legislation Overview:

 Senate Bill 269 (SB 269) amends Section 26-2B-9 NMSA 1978 to provide the following requirements, restrictions, allowances and definitions:

An employee may not be considered to be impaired by cannabis solely because of the presence of metabolites or components of cannabis. 

Random drug testing of an employee may 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 must follow the cannabis impairment guidelines when testing for cannabis impairment.

Defining "cannabis impairment" is the responsibility of the employer. 

The Department of Health must assist the Workforce Solutions Department in developing 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 must 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 is to disseminate the cannabis impairment guidelines to state agencies and political subdivisions of the state. 

"Employee” is defined as an employee who is also a qualified patient pursuant to the Lynn and Erin Compassionate Use Act; and "employer" includes an agent of the employer."
 

Current Law:

 The proposed exemptions, requirements and definitions pertaining to the Lynn and Erin Compassionate Use act are not currently in place; there is no stipulation that defining “cannabis impairment” is the responsibility of the employer.