CANNABIS TESTING CERTAIN EMPLOYEES

HB 230 clarifies when employers in New Mexico can test medical cannabis patients for impairment and protects these employees from unfair treatment. It bans random cannabis testing and requires employers to have reasonable suspicion of impairment (e.g., after an accident or during work hours) before testing. Employers must use a medical review officer to interpret positive tests and cannot penalize employees solely for medical cannabis use or presence of metabolites. The bill also requires the Health and Workforce Solutions Departments to create evidence-based guidelines for assessing impairment, though safety-sensitive roles (like transportation) may still have separate rules.