New Mexico House And Senate Lawmakers Approve Bills To Strengthen Employment Protections For Medical Marijuana Patients

Another New Mexico House committee has passed a bill that would further protect medical marijuana patients in the state from being penalized at work for off-duty use of cannabis. And a Senate companion version of the legislation also moved through a panel in that chamber.

On Friday, the House Judiciary Committee approved the proposal from House Majority Floor Leader Reena Szczepanski (D) in a 7-3 vote. This comes almost a month after an earlier committee advanced the proposal.

Meanwhile, the Senate companion bill—sponsored by Sens. Linda López (D) and Shannon Pinto (D)—separately passed the Senate Health and Public Affairs Committee by a tally of 6-3.

Under the legislation, employees could not be considered “impaired” by cannabis if a test is based solely on the presence of THC metabolites.

The measures would further prohibit random drug testing for marijuana, though patients could be screened if there’s reasonable suspicion that cannabis was used on the clock resulting in “significant damage to property.”

At the prior House committee meeting, members adopted a minor amendment that replaces a line in the bill that had said a “drug test for cannabis shall be reviewed by a medical review officer who shall determine if the reason for a positive test has a legitimate medical explanation.”

Under the new language, the bill now says that an employer “shall follow the cannabis impairment guidelines when testing for cannabis impairment.”

The legislation was further amended in the House Judiciary Committee to prevent the use of a positive cannabis test as evidence in civil cases “exposing the employer to liability arising out of the employee’s on-duty conduct.”

The measures also stipulate that the state Department of Health must “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.”

“The workforce solutions department shall inform private employers of this section and provide information related to the most recent advances in testing protocols for determining cannabis impairment,” they say. “The department of finance and administration shall disseminate the cannabis impairment guidelines to state agencies and political subdivisions of the state.”

Meanwhile, commissioners in New Mexico’s most populous county recently approved policy details of a plan to stop testing and punishing most government employees for off-hours marijuana use. Bernalillo County, where Albuquerque is located, was the first public body in the state to implement the reform following the legalization of cannabis in 2021.

—Marijuana Moment is tracking hundreds of cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

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The votes on the statewide cannabis employment legislation comes as a bipartisan proposal to establish a therapeutic psilocybin program in New Mexico had an initial hearing before a Senate panel, with lawmakers voting unanimously to advance the bill.

Last year, New Mexico lawmakers passed, and Gov. Michelle Lujan Grisham (D) endorsed, a resolution requesting that state officials research the therapeutic potential of psilocybin and explore the creation of a regulatory framework to provide access to the psychedelic.

The prior year, the House Health and Human Services Committee passed a bill that called for the creation of a state body to study the possibility of launching a psilocybin therapy program for certain patients. That measure did not advance further in the 2023 session, however.

New Hampshire Lawmakers Unanimously Approve Psilocybin Decriminalization Bill

Photo courtesy of Martin Alonso.