The 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. Employers may only require testing if there is reasonable suspicion of impairment at work or following an accident. Additionally, the bill mandates that employers adhere to cannabis impairment guidelines when conducting such tests.

Furthermore, the bill outlines the responsibilities of the Department of Health and the Workforce Solutions Department in developing guidelines for determining cannabis impairment, which should be based on reliable research and evidence. It also defines "employee" as a qualified patient under the Act and includes provisions for employers to take adverse employment actions against employees for cannabis use or impairment on the job. The bill aims to protect qualified patients from discrimination while ensuring workplace safety through appropriate testing protocols.

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