A second committee in the New Mexico House of Representatives has given approval to legislation that would prevent random cannabis testing and to ensure that cannabis metabolites in someone’s system can’t by itself be considered impaired.
House Bill 230 states that “An employee shall not be considered to be impaired by cannabis solely because of the presence of metabolites or components of cannabis.” The measure was given approval by the House Judiciary Committee, three weeks after it was passed by the House Health and Human Services Committee. The proposal now advances to the full House of Representatives.
“Random drug testing of an employee shall not include testing for cannabis”, states the proposed law. However, an employer “may require a drug test for cannabis if the employer has a reasonable suspicion of the employee’s impairment by cannabis at work or after an accident involving the employee and at least one other person or an accident causing significant damage to property if the employer has a reasonable suspicion of the employee’s impairment by cannabis at the time of the accident.”
The 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.”
The measure states that “The department of health shall 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. The department of finance and administration shall disseminate the cannabis impairment guidelines to state agencies and political subdivisions of the state.”
For the full text of the bill, click here.
