HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 292

56th legislature - STATE OF NEW MEXICO - first session, 2023

 

 

 

 

 

 

 

AN ACT

RELATING TO MEDICAL CANNABIS; AMENDING THE LYNN AND ERIN COMPASSIONATE USE ACT TO INCREASE EMPLOYMENT PROTECTIONS FOR EMPLOYEES THAT WORK IN POSITIONS DESIGNATED AS SAFETY-SENSITIVE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 26-2B-9 NMSA 1978 (being Laws 2019, Chapter 247, Section 11) is amended to read:

     "26-2B-9. EMPLOYMENT PROTECTIONS.--

          A. Unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or federal regulations, it is unlawful to take an adverse employment action against an applicant or an employee based on conduct allowed under the Lynn and Erin Compassionate Use Act.

          B. Nothing in this section shall:

                (1) restrict an employer's ability to prohibit or take adverse employment action against an employee for use of, or being impaired by, medical cannabis on the premises of the place of employment or during the hours of employment; provided that a qualified patient shall not be considered to be impaired by cannabis solely because of the presence of metabolites or components of cannabis that appear in insufficient concentration to cause impairment; or

                (2) [apply to an employee whose employer deems that the employee works in a safety-sensitive position] protect an employee in a safety-sensitive position from an adverse employment action when:

                     (a) the employee is required to carry a firearm as part of the employee's employment; or

                     (b) the employee operates a commercial vehicle requiring a commercial driver's license pursuant to the New Mexico Commercial Driver's License Act."

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