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 for drug testing following an accident if there is reasonable suspicion of impairment at that time. Employers are required to adhere to cannabis impairment guidelines when conducting such tests.

Furthermore, the bill outlines that employers retain the right to take adverse employment actions against employees for cannabis use or impairment on the job, while also placing the responsibility of defining "cannabis impairment" on the employer. The Department of Health and the Workforce Solutions Department are tasked with developing guidelines based on reliable research to assist employers in determining cannabis impairment. The bill also provides definitions for "employee" and "employer" in the context of these regulations.

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