This bill amends Section 26-2B-9 of the New Mexico Statutes to clarify the conditions under which drug testing for cannabis is permissible 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. Additionally, it allows employers to conduct drug tests following accidents involving employees if there is reasonable suspicion of impairment at the time of the incident.

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 determining cannabis impairment. These guidelines will include evaluations of physical symptoms and cognitive performance. Furthermore, the bill clarifies the definitions of "employee" and "employer" in the context of this legislation, ensuring that protections are specifically tailored for qualified patients under the medical cannabis law.

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