NPMA and NMPMA Team-up to Allow Member Companies to Test for Marijuana in Employment Drug Tests
NPMA is working with our state pest control associations as many states have enacted laws that protect medical or recreational marijuana users from sanctions in employment drug tests. The latest state association that we have teamed-up with is the New Mexico Pest Management Association (NMPMA) and NM SPAR Larry Wills, as SB 406, signed into law earlier this year, erects hurdles for testing medical marijuana patients. However, there is an exemption for “Safety-Sensitive positions”, which is defined as, “a position in which performance by a person under the influence of drugs or alcohol would constitute an immediate or direct threat of injury or death to that person or another.” NMPMA and our member companies are deeply concerned that if commercial pesticide applicators, commercial pesticide operators, or individuals working under the supervision of a commercial pesticide applicator may endanger themselves or others when applying pesticides or driving under the influence of cannabis, regardless if it is for medical purposes. Therefore, NMPMA and our New Mexico structural pest control companies identify commercial pesticide applicators, operators, and individuals working under the supervision of commercial pesticide applicators as “safety-sensitive positions” pursuant to N.M. Stat. § 26-2B-3(Y). Please view our letter to the New Mexico Attorney General, and we will keep members apprised of developments.