This bill amends Section 26-2B-9 of the New Mexico Statutes to clarify the 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. Additionally, it allows employers to conduct drug tests for cannabis if there is reasonable suspicion of impairment at work or following an accident involving the employee.

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 this context, ensuring that protections are specifically tailored for qualified patients under the law.

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