Employers can prohibit workers from using recreational marijuana even when they’re offPosted by On


It is expected that Gov. Michelle Lujan Grisham will sign a bill to legalize marijuana. When she does — that doesn’t necessarily mean you can start using it — that’s if you care what your boss thinks”Your employer can say you can’t use this at work,” said Pat Davis, who is the chairman of Lujan Grisham’s committee to legalize marijuana. “You can’t come to work intoxicated under alcohol, cannabis or anything else, but in New Mexico, they can also say you can’t use off-duty and they can test it and use drug testing to follow that up.”Davis said there were no provisions put into the bill waiting on the governor’s desk to protect employees from using it.“In New Mexico, your employer now can tell you, you can’t drink alcohol off duty that’s their right you have a choice to work in that place or not,” Davis said.KOAT legal expert John Day said companies could start telling employees not to use recreational cannabis even off duty.”It depends on the type of work being done, it depends on the position,” Day said.Day said he believes that in order for companies to fire someone for using off duty, they would somehow have to show that it is affecting their work performance”Are they showing up late? Is their performance taking a hit?” Day asked. “They have to articulate some facts I would think to show that off-duty THC is affecting the job.”No matter what, if recreational marijuana becomes law no one can take away your right to use it — you just might…

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It is expected that Gov. Michelle Lujan Grisham will sign a bill to legalize marijuana. When she does — that doesn’t necessarily mean you can start using it — that’s if you care what your boss thinks”Your employer can say you can’t use this at work,” said Pat Davis, who is the chairman of Lujan Grisham’s committee to legalize marijuana. “You can’t come to work intoxicated under alcohol, cannabis or anything else, but in New Mexico, they can also say you can’t use off-duty and they can test it and use drug testing to follow that up.”Davis said there were no provisions put into the bill waiting on the governor’s desk to protect employees from using it.“In New Mexico, your employer now can tell you, you can’t drink alcohol off duty that’s their right you have a choice to work in that place or not,” Davis said.KOAT legal expert John Day said companies could start telling employees not to use recreational cannabis even off duty.”It depends on the type of work being done, it depends on the position,” Day said.Day said he believes that in order for companies to fire someone for using off duty, they would somehow have to show that it is affecting their work performance”Are they showing up late? Is their performance taking a hit?” Day asked. “They have to articulate some facts I would think to show that off-duty THC is affecting the job.”No matter what, if recreational marijuana becomes law no one can take away your right to use it — you just might…



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