The 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. 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.

Furthermore, the bill outlines that employers retain the right to prohibit cannabis use or take adverse employment actions against employees who are impaired by cannabis while on the job. It places the responsibility of defining "cannabis impairment" on employers, with assistance from the Department of Health and the Workforce Solutions Department in developing guidelines based on reliable research. The bill also includes definitions for "employee" and "employer" to clarify the scope of its provisions.

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