In a unanimous decision, the commissioners of Bernalillo County, home to approximately 672,000 residents including the city of Albuquerque, have updated the county’s Drug and Alcohol-Free Workplace Policy.
The policy now excludes cannabis from the list of illegal drugs when it is used legally outside of work hours for either medical or recreational purposes. This change means that the majority of county employees will no longer face pre-employment or random drug tests for cannabis use.
This move by Bernalillo County mirrors similar actions taken by various cities and counties across the U.S., such as Atlanta, Cleveland, Washington D.C., Philadelphia, and St. Louis, where restrictions on cannabis testing for public sector employees have been implemented.
On a state level, California, Connecticut, Minnesota, Montana, New Jersey, New York, and Rhode Island have also passed laws that offer similar protections to employees regarding off-duty cannabis use.
Although New Mexico legalized recreational marijuana for adults in 2021, the state’s legislation does not extend protections to employees for cannabis use outside of work, making Bernalillo County’s policy a progressive step in the context of state law.
