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
