SB129 • 2026

ADVERSE EMPLOYMENT ACTION & CANNABIS

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor: Senator Heather Berghmans, Representative Reena Szczepanski
Last action
Official status: [3] SCC/SHPAC/SJC-SCC-germane-SHPAC [7] DNP-CS/DP-SJC API.
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

ADVERSE EMPLOYMENT ACTION & CANNABIS

What This Bill Does

ADVERSE EMPLOYMENT ACTION & CANNABIS

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-02-05 New Mexico Legislature
SHPAC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
2026-01-26 New Mexico Legislature
SCC: Reported by committee to fall within the purview of a 30 day session
2026-01-23 New Mexico Legislature
Sent to SCC - Referrals: SCC/SHPAC/SJC
New Mexico Legislature
Action Postponed Indefinitely

Official Summary Text

ADVERSE EMPLOYMENT ACTION & CANNABIS

Current Bill Text

Read the full stored bill text

SB0129

SENATE BILL 129

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Heather Berghmans
and
Reena Szczepanski

AN ACT

RELATING TO MEDICAL CANNABIS; EXPANDING PROTECTIONS AGAINST
ADVERSE EMPLOYMENT ACTIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 26-2B-9 NMSA 1978 (being Laws 2019,
Chapter 247, Section 11) is amended to read:

"26-2B-9. EMPLOYMENT PROTECTIONS.--

A. Unless a failure to do so would cause the
employer to lose a monetary or licensing-related benefit under
federal law or federal regulations, it is unlawful to take an
adverse employment action against an applicant or an employee
based on conduct allowed under the Lynn and Erin Compassionate
Use Act.

B. Nothing in this section shall:

(1) restrict an employer's ability to prohibit
or take adverse employment action against an employee for use
of, or being impaired by, medical cannabis on the premises of
the place of employment or during the hours of employment; or

(2) apply to an employee whose employer deems
that the employee works in a safety-sensitive position.

C. Nothing in this section gives a state or
political subdivision employer the power to control an
employee's use of medical cannabis outside the employee's hours
of employment as long as the employee remains a qualified
patient and unless use is limited by other state law or rules.
"

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