A bill to prohibit employers from considering an employee impaired based solely on the presence of cannabis metabolites in their system has been filed in New Mexico.
House Bill 230, introduced today by Representatives Reena Szczepanski (D) and Elizabeth Thomson (D), has been assigned to the House Health & Human Services Committee.
The proposal bans random drug testing for marijuana, allowing testing only in cases where an employer has reasonable suspicion of impairment while on the job or after an accident involving another person or significant property damage. Any positive test for marijuana would need to be reviewed by a medical review officer to determine if there is a legitimate medical explanation.
Employers would remain responsible for defining cannabis impairment in the workplace. However, the Department of Health and the Workforce Solutions Department would be tasked with developing impairment guidelines based on the latest research, including assessments of physical symptoms and cognitive performance. The Department of Finance and Administration would then distribute these guidelines to state agencies and local governments.
If enacted, HB 230 would provide stronger workplace protections for medical marijuana patients while ensuring employers can address impairment in safety-sensitive situations.
