ADVERSE EMPLOYMENT ACTION & CANNABIS

SB 129 would expand New Mexico's employment protections for medical cannabis patients by prohibiting employers from taking adverse actions (like firing, demoting, or refusing to hire) based on conduct permitted under the Lynn and Erin Compassionate Use Act. It directly affects medical cannabis patients and employers, with key exceptions: the law does not apply to on-premises use during work hours, safety-sensitive jobs, or situations where federal law would be violated. The bill aims to clarify that employers cannot penalize patients for using medical cannabis outside work hours, as long as they remain qualified patients and comply with state law. This amendment updates existing protections in Section 26-2B-9 of the state code, though the bill was replaced by a committee substitute on February 5, 2026.