Status: Legal
Information provided is current as of August 6, 2024, and companies are encouraged to consult with legal counsel on these complex matters.
Cannabis Legalization History
Recreational Use
Legalized - 2021 (Cannabis Regulation Act)
Possession/Personal Use Specifics
Recreational users can possess up to 2 ounces of cannabis flower, 16 grams of concentrate, 800 milligrams of edibles, with the ability to grow up to 6 mature and 12 immature plants at home. Registered medical cannabis patients can hold up to 8 ounces of cannabis flower, 16 grams of concentrate, and 800 milligrams of edibles, and they may grow up to 4 mature and 12 immature plants at home.
Smoking, vaporizing, or ingesting marijuana in public places in New Mexico is strictly prohibited.
State Regulatory Agency Information
State Forms (If Applicable)
None Specified
State Testing Policy
General Information
New Mexico doesn't require specific workplace drug testing policies, but employers should create clear policies on testing, procedures, and consequences, comply with relevant laws, and accommodate medical marijuana users. Testing based on reasonable suspicion of impairment is allowed if supported by observable behavior.
Remember, establishing robust documentation is a key risk mitigant for employers in states like New Mexico.
Safety-Sensitive Positions
New Mexico defines a safety sensitive position as a person performing under the influence of drugs or alcohol would constitute an immediate or direct threat of injury or death to that person or another.
Privacy Laws
While New Mexico offers protections for medical marijuana patients,
employers still have flexibility in drug testing policies, considering job requirements, impairment concerns, and adherence to antidiscrimination laws.
Recommended Procedures
Does the state have recommended procedures?
It is always recommended to have standardized documentation and training procedures and regular employee evaluations to set clear performance expectations.
New Mexico does not have a generally applicable drug testing law. Employers have substantial discretion in devising and implementing drug testing policies.
State Employee Procedures and Policies
The
State of New Mexico has a vital interest in promoting a safe and drug-free workplace and in ensuring our citizens that public employees do not threaten life and limb due to the abuse of drugs and adheres to the Federal Drug-Free Workplace Act of 1988.
Protections for Use Outside Workplace/Work Hours
Is New Mexico a "Right to Weed State"?
New Mexico protects
medical cannabis users from employment discrimination and requires reasonable accommodations but does not require employers to permit cannabis use or impairment during work hours, and drug testing and workplace policies can still be enforced.
More Detailed Information
State Requirements for Drug & Alcohol Testing Program
Testing Policy Requirements
Main Requirement
New Mexico Employers have substantial discretion in devising and implementing drug testing policies.
