Bernalillo County, encompassing Albuquerque and home to approximately 672,000 residents, has recently amended its Drug and Alcohol-Free Workplace Policy. The county commissioners unanimously voted to exclude marijuana—when used legally off-duty for medical or recreational purposes—from its definition of illegal drugs. Consequently, most public employees will no longer undergo pre-employment or random workplace testing for marijuana.
While this policy shift aligns with actions taken in other municipalities such as Atlanta, Cleveland, Philadelphia, and St. Louis, as well as states like California, Connecticut, and New York, it raises significant concerns regarding workplace safety and productivity. The National Institute on Drug Abuse (NIDA) reports that employees who tested positive for marijuana had 55% more industrial accidents and 85% more injuries compared to those who tested negative.
Furthermore, the absence of reliable testing methods to determine current impairment from marijuana use complicates the enforcement of workplace safety standards. Unlike alcohol, marijuana metabolites can remain in the body for extended periods, making it challenging to assess whether an employee is under the influence during work hours. This issue has been highlighted by workplace safety experts, raising concerns about potential liability for employers.
The decision by Bernalillo County also sets a precedent that may influence other counties in New Mexico. However, it’s important to note that the state’s Cannabis Regulation Act does not prohibit employers from maintaining drug-free workplace policies. Employers retain the right to discipline employees for being impaired by or possessing marijuana on the job, as noted in guidance from the Employers Council.
The implications of similar policy changes in other states are concerning. For instance, in Vermont, a medical marijuana user was terminated from his job after testing positive for cannabis and was subsequently denied unemployment benefits. This case highlights the potential legal and ethical dilemmas employers face when balancing employee rights with workplace safety.
Moreover, the trend of removing marijuana from drug testing panels has been linked to increased instances of employees attempting to subvert drug tests. A report by Quest Diagnostics indicates that workers are cheating on drug tests at the highest rate in more than 30 years, with marijuana being the most commonly detected substance.
One more thing the tax payers will be on the hook for, the lawsuits will be through the roof for any bad outcomes from accidents involving government vehicles and a positive THC test or someone dying while under the care of a paramedic and deemed the fault of the care given, real or contrived, if there is a positive test there will be lawsuits aplenty and we will have to pay for it.
Erik,
Your are correct, we always end up getting screwed with more tax increases to cover injuries as well as drug rehabs. Smoking is prohibited in most of all public places, this is going to open a new can of worms! Now we will have to endure the smell of stinky marijuana when we go into government buildings, not to mention it makes people lazy- so here we go dealing with a bunch of stinky, lazy pot heads on tax dollars!!
I see the big issues is when there is an accident and they need to play the blame game. With alcohol it is pretty easy to tell how much alcohol is in there system, with pot, a person can smoke before bed, sleep 6 or 7 hours, go to work and have an accident and they have no way to tell if they were high or not. Are they now automatically found liable? If they are indeed high, they should pay the piper, but how do you tell?
We seriously live in the dumbest and most asinine state in the union. Marijuana makes people more subdued and compliant, easier to control. This really should have been voted on by the people, not the stoned ones though.
They didn’t place it on the ballot because they were afraid we would vote against it, and the powers that be love $$$$$!
“Rocky Mountain high, New Mexico.”
For Medical Marijuana, there is NOT a Dr’s “Prescription” because it is still a scheduled ILLEGAL DRUG and the Dr could lose his license. What is done is a treatment plan including marijuana. Until it is no longer on the DEA’s schedule it should not be allowed in the workplace for ANY reason.
Marijuana should be New Mexico’s state plant, not the yucca.
NM is going to pot!! Just what NM needed to go along with the open border and recreational smoke! With a POS squatting in the Governors office and pretty boy Keller – Bernalillo county just added to the drug problem, the crimes against law abiding citizens, thefts, break-ins, influenced driving,homelessness, riff-raff on the streets. the list goes on and on.. Albuquerque has become the eyesore of NM!! One more reason for concealed carry and keeping your head on a swivel!
Great more “pot heads” being hired and no one knows it. I had a neighbor once who ruined his life by smoking the crap daily. He was useless. Interesting, that there is “no smoking” cigarettes on the job and any establishment (which is good) but now they are letting stupid people who smoke pot to be hired and no drug testing? This should have been brought to the people not to the board of commissioners.
District 1 Barbara Baca, District 2 Steven Michael Quezeda, District 3 Adiann Baboa, District 4 Walt Benson, District 5 Eric Olivas
Contact Julie Anne Baca Commission Administrator @505-468-7083 and protest this decision.
This is just dumb. The commissioners must have been high when the voted on this.
This is a tough one as there is currently no practical and correct test for current THC levels at the time in question like there is for most other forms of intoxicants. Many blanket statements used by commenters are based on bias and not proven fact. One proven fact is that our legislature has bowed into lawyers and given these lawyers full control of medical malpractice suits. Making law suits plentiful and lucrative which is a far worse problem for our state and should be a priority for reform before our already floundering medical system collapses. Just because someone uses Marijuana afterwork, not during, for medical or recreational reasons does not make them a loser who is unemployed any more than a person who drinks alcohol.
See my comment below. RingIR has such a device (measures THC level plus metabolites so can say how much and when the user imbibed). NM State Police do not want it for the reasons you listed.
But it does make them a work place hazard. And to think a city bus driver could be high and driving a bus full of folks. Yeah, that’s real comforting!
Why is there no Mothers Against Stoned Driving? The dope heads are causing havoc on our roads (and other places as well). RingIR has a breath tester for marijuana. No State Police or DEA in the US uses it, or even wants to use it. How do we measure the level of impairment of drivers who are high on marijuana? I’d be happy to provide further information. This is a problem that needs State Legislature involvement. Let’s do something in the coming year.
I like the list of states and cities that don’t test for marijuana. Yes, NM needs to be like California, Connecticut and New York and floundering cities like Philadelphia, Atlanta, Cleveland and St. Louis. All shining stars on the lousy side of states and municipalities. Yep, with demo leadership, NM ranks right down there with them all and aspires to reach for zero.