New Mexico Senate Introduces Employment Protections for Medical Marijuana Users

New Mexico employers stay alert – the state Senate introduced SB 129, “Adverse Employment Action & Cannabis”.

As currently drafted, SB 129 would make it an unlawful practice to take adverse employment action against an applicant or employee based on conduct allowed under the state’s medical marijuana law (the Lynn and Erin Compassionate Use Act), unless doing so would cause the employer to lose a monetary or licensing-related benefit under federal law or regulation.

SB 129 would not restrict an employer’s ability to take action against an employee who used, or was impaired by, medical marijuana at the workplace or during the hours of employment. Employer’s would be able to prohibit such use by employees as well.

The law as drafted would not apply to any employee who works in a safety sensitive position as designated by the employer.

While it is unclear if this legislation will progress forward at this time, employers should track this legislation closely as it would impact workplace and drug testing policies and practices.