New Mexico legislation · 2026 Regular Session
New Mexico SB129: ADVERSE EMPLOYMENT ACTION & CANNABIS
Status: In committee, February 5, 2026
What the bill says
An act relating to medical cannabis; expanding protections against adverse employment actions.
From the committee substitute text, February 5, 2026:
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 .233489.1 wen = lairetam derocsrednu eteled = ]lairetam detekcarb[ SHPAC/SB 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 safetysensitive 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." - 2 - .233489.1
Sponsors
- Heather Berghmans (D, SD-015) · primary sponsor
- Reena Szczepanski (D, HD-047)
Latest actions
- : SHPAC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
- : SCC: Reported by committee to fall within the purview of a 30 day session
- : Sent to SCC - Referrals: SCC/SHPAC/SJC
- : Action Postponed Indefinitely
Subjects: ALCOHOL & DRUGS, EMPLOYER & EMPLOYEE (including workers' comp)
Common questions
- What is SB129?
- SB129 is a bill in the New Mexico Legislature (2026 Regular Session): ADVERSE EMPLOYMENT ACTION & CANNABIS.
- What does SB129 do?
- In its own words: An act relating to medical cannabis; expanding protections against adverse employment actions.
- What is the status of SB129?
- In committee as of February 5, 2026. Latest action: SHPAC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution (February 5, 2026).
- Who sponsored SB129?
- Heather Berghmans (D, SD-015), with 1 co-sponsor.
- Where is the official record for SB129?
- On the New Mexico Legislature website: https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=129&year=26
Source: official New Mexico record. Tracked by Delilah, AI for legislation across all 50 states and Congress.