SENATE BILL 129

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Heather Berghmans

AN ACT

RELATING TO MEDICAL CANNABIS; EXPANDING PROTECTIONS AGAINST ADVERSE EMPLOYMENT ACTIONS.

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; or

                (2) apply to an employee whose employer deems that the employee works in a safety-sensitive position.

          C. Nothing in this section gives a state or political subdivision employer the power to control an employee's use of medical cannabis outside the employee's hours of employment as long as the employee remains a qualified patient and unless use is limited by other state law or rules."

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