Medical Marijuana and Employment Protections

Medical Marijuana and Employment Protections

On April 4, 2019, New Mexico Governor Michelle Lujan Grisham signed legislation (S.B. 406) enacting the following employment protections within the Lynn and Erin Compassionate Use Act (New Mexico’s Medical Cannabis Program):

• It is unlawful for an employer to take an adverse employment action against an applicant or an employee based on conduct allowed under the state’s medical cannabis program unless failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or regulations.
• However, the law does not:
  • 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
  • Apply to an employee whose employer deems that the employee works in a safety-sensitive position.
    

The law is effective June 14, 2019.
Read NM S.B. 406