Vote Smart's Synopsis:

Vote to pass a bill that establishes employee protections from being disciplined at work for off-duty use of medical cannabis in New Mexico.

Highlights:

• Prohibits an employee from being considered impaired by cannabis solely because of the presence of metabolites or components of cannabis (Sec. 1). 

• Prohibits random drug testing of an employee to include testing for cannabis (Sec. 1).

• Authorizes an employer to require a drug test for cannabis if the employer has reasonable suspicion of the employee’s impairment by cannabis at work, or after an accident involving the employee and at least one other person, or an accident causing damage to property if the employer has a reasonable suspicion of the employee’s impairment by cannabis at the time of the accident (Sec. 1).

• Specifies evidence of an employee's positive cannabis test which relies only on the presence of metabolites or components of cannabis shall not be admissible in a civil case unless further evidence of cannabis impairment is shown (Sec. 1).

• Requires that defining “cannabis impairment” is on the employer. (Sec. 1).

• Authorizes the Department of Health to assist the Workforce Solutions department in developing cannabis impairment guidelines that are based on the most reliable research- or evidence-based cannabis impairment indicators, including the evaluation of physical symptoms and psychomotor and cognitive performance. (Sec. 1).

Full Bill Text