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28 Apr

April 2021 New Mexico HR Legal Updates

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New Mexico Passes Recreational Marijuana

Update Applicable to:
All employers operating within New Mexico.

What happened?
On April 12, 2021, New Mexico Governor Lujan Grisham signed into law the legalization of the use and possession of recreational cannabis.

What are the details?
By and large, workplace policies will be unchanged. The legislation that was passed does not impact employer’s ability to maintain drug-free workplaces. Employers may still prohibit employees from being in possession of “intoxicating substances” at work or during work hours. 

An employer may continue to adopt and implement a written “zero tolerance” policy regarding the use of cannabis products, and such a policy may permit employers to discipline or terminate the employment of an employee based on a positive drug test that indicates any amount of delta-9-tetrahydrocannabinol or delta-9-tetrahydrocannabinol metabolite. Note that this allowance for “zero tolerance” policies does not specifically include applicants.

An article review of the bill can be found here.

The bill can be found here.

What do employers need to do?
Employers may adjust their workplace policies as they wish, the bill does not require employers to change current practices, assuming they are compliant with existing medical marijuana laws in the state.