This bill amends Section 26-2B-9 of the New Mexico Statutes to clarify employment protections for employees who are qualified patients under the Lynn and Erin Compassionate Use Act regarding cannabis use. It establishes that an employee cannot be deemed impaired solely based on the presence of cannabis metabolites and prohibits random drug testing for cannabis unless there is reasonable suspicion of impairment at work or following an accident. Additionally, any positive drug test must be reviewed by a medical review officer to determine if there is a legitimate medical explanation.

The bill also outlines the responsibilities of employers in defining "cannabis impairment" and mandates the Department of Health and the Workforce Solutions Department to develop guidelines based on reliable research for assessing impairment. Employers will be informed about these guidelines, and the Department of Finance and Administration is tasked with disseminating this information to state agencies and political subdivisions. The definitions of "employee" and "employer" are also clarified to include qualified patients and their agents, respectively.

Statutes affected:
introduced version: 26-2B-9