New Mexico legalizes adult-use recreational marijuana

Effective June 29, 2021, New Mexico legalized marijuana under the Cannabis Regulation Act (CRA), with limited personal possession and cultivation officially becoming legal for adults 21 and older. New Mexicans can now lawfully possess up to two ounces of cannabis and 16 grams of concentrates and grow as many as six mature plants for personal use. The Act, however, doesn’t “prevent or infringe upon the rights of an employer to adopt and implement a written zero-tolerance policy regarding the use of cannabis products.” Employers can also still discipline or fire an employee under the influence of (or in possession of) marijuana during work hours or who has a positive marijuana test result indicating any amount of THC. The law doesn’t restrict the rights afforded to medical marijuana users under state law.

Key provisions of CRA

Zero tolerance. The CRA specifically provides that you may continue to adopt and implement a written “zero tolerance” policy regarding the use of cannabis products, and such a policy may permit you 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.

Federal safe harbors. The Act doesn’t interfere with your ability to maintain rules and policies in compliance with federal law and regulations or require you to take any actions that will potentially result in the loss of federal contracts or funding.