{"id":80360,"date":"2025-02-26T13:18:34","date_gmt":"2025-02-26T21:18:34","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2025\/02\/26\/new-mexicos-largest-county-reaches-deal-with-firefighters-to-stop-random-drug-testing-for-marijuana\/"},"modified":"2025-02-26T19:48:05","modified_gmt":"2025-02-27T03:48:05","slug":"new-mexicos-largest-county-reaches-deal-with-firefighters-to-stop-random-drug-testing-for-marijuana","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2025\/02\/26\/new-mexicos-largest-county-reaches-deal-with-firefighters-to-stop-random-drug-testing-for-marijuana\/","title":{"rendered":"New Mexico\u2019s Largest County Reaches Deal With Firefighters To Stop Random Drug Testing For Marijuana"},"content":{"rendered":"<\/p>\n

After leaders of New Mexico\u2019s most populous county voted late last year to stop punishing most government employees for off-hours marijuana use<\/a>, the county has reached a revised employment agreement with the local firefighters\u2019 union.<\/p>\n

Approved by the Bernalillo County Board of County Commissioners (BCC) on a 5\u20130 vote on Tuesday, the new memorandum of agreement (MOA) with the Albuquerque Area Firefighters IAFF Local 244 reflects the new policy of removing cannabis from the county\u2019s Drug and Alcohol-Free Workplace Policy\u2019s definition of illegal drugs<\/a> \u201cwhen used legally off-duty for medical or recreational purposes.\u201d<\/p>\n

Under the new policy, only workers required to carry firearms or hold a commercial driver\u2019s license are to be administered random or pre-employment drug tests for marijuana.<\/p>\n

Bernalillo County is believed to be the first local jurisdiction in New Mexico to update its public employment policy to allow off-duty cannabis use since the state adopted a marijuana legalization law in 2021<\/a>\u2014a milestone noted by the policy\u2019s lead sponsor, commission Chair Eric Olivas.<\/p>\n

\u201cWe<\/span> will<\/span> be<\/span> the<\/span> first<\/span> organization<\/span> in<\/span> the<\/span> state<\/span> at<\/span> a<\/span> municipal<\/span> level,<\/span>\u00a0or<\/span> county<\/span> level,<\/span> that<\/span> is<\/span> allowing<\/span> medical<\/span> cannabis<\/span> use [for a] <\/span>first<\/span> responder<\/span> group<\/span> like<\/span> this,\u201d Olivas said before the vote at Tuesday\u2019s meeting.<\/span> \u201cAnd I<\/span> think<\/span> that<\/span> really<\/span> puts<\/span> us<\/span> in<\/span> the<\/span> vanguard<\/span> in<\/span> a<\/span> good<\/span> way,<\/span> in<\/span> a<\/span> good<\/span> place,<\/span> standing<\/span> behind<\/span> our<\/span> people<\/span> that<\/span> stand<\/span> up<\/span> for<\/span> us.\u201d<\/span><\/p>\n

County staff and representatives for the firefighters\u2019 union reached a tentative agreement on the new contract late last month, but the plan ran into delays over concerns that its provisions could cause the county to lose nearly $1 million in annual funding.<\/p>\n

According to a county summary, adopting the MOA \u201cmay result in the New Mexico Department of Transportation [NMDOT] determining that Bernalillo County Fire ambulances violate their random testing rules for Motor Carriers,\u201d which \u201cmay result in the loss of the motor carrier license under NMDOT, which may result in yearly losses of up to $900,000 or more yearly (according to last year\u2019s data).\u201d<\/p>\n

\u201cIn<\/span> doing<\/span> our<\/span> research,<\/span> we<\/span> found<\/span> inconsistent<\/span> information<\/span> coming<\/span> from<\/span> the<\/span> New<\/span> Mexico<\/span> Department<\/span> of<\/span> Transportation,\u201d explained County Manager Cindy Chavez, who hired late last year, after adoption of the new employment policy. \u201cI<\/span>f<\/span> there<\/span> is<\/span> any<\/span> risk<\/span> financially,<\/span> I<\/span> felt<\/span> obligated<\/span> to<\/span> bring<\/span> it<\/span> forward<\/span> to<\/span> sunshine t<\/span>hat.\u201d<\/span><\/p>\n

\u201cI<\/span> want<\/span> to<\/span> say<\/span> to<\/span> all<\/span> of<\/span> you<\/span> that<\/span> I<\/span> think<\/span> the<\/span> risk<\/span> is<\/span> very<\/span> very<\/span> low. I<\/span>t\u2019s<\/span> minimal,\u201d she added,<\/span> \u201cbut<\/span> we<\/span> are<\/span> obligated<\/span> to<\/span> be<\/span> transparent,<\/span> both<\/span> with<\/span> the<\/span> public<\/span> and<\/span> especially<\/span> with<\/span> our<\/span> commission.\u201d<\/span><\/p>\n

Chavez said that if the state Department<\/span> of<\/span> Transportation<\/span> were<\/span> to<\/span> raise<\/span> concerns about the change,<\/span> \u201cwe<\/span> would<\/span> work<\/span> with<\/span> the<\/span> union<\/span> to<\/span> get<\/span> the<\/span> rules<\/span> changed<\/span> so<\/span> that<\/span> they<\/span> are<\/span> aligned<\/span> with<\/span> the<\/span> direction<\/span> we\u2019re<\/span> taking.\u201d<\/span><\/p>\n

Commissioner Adriann Barboa, the body\u2019s vice chair and a medical cannabis patient herself, said she was grateful to county firefighters and union leadership for what she described as \u201ca bold move that\u2019s not always easy to take.\u201d<\/p>\n

\u201cI<\/span> just<\/span> want<\/span> to<\/span> say,<\/span> these<\/span> are<\/span> our<\/span> heroes,\u201d Barboa said<\/a>. \u201c<\/span>They\u2019re<\/span> speaking<\/span> boldly<\/span> and<\/span> proudly<\/span> for<\/span>\u00a0our<\/span> future<\/span> heroes.<\/span>\u00a0And<\/span> this<\/span> is<\/span> a<\/span> big<\/span> step<\/span> towards<\/span> decreasing<\/span> the<\/span> shame<\/span> and<\/span> stigma.\u201d<\/span><\/p>\n

She added that she felt the change could be \u201ca true model\u201d for the rest of the state and country.<\/p>\n

Union President Michael Tittman thanked commission members, telling them: \u201cIt takes a lot of guts to do something like this.\u201d<\/p>\n

He noted that firefighter representatives have raised the matter with the city of Albuquerque, Santa Fe city and county and the state legislature, \u201cand we\u2019re getting stonewalled every place we go.\u201d<\/span><\/p>\n

Earlier this month, a New Mexico House committee approved a separate proposal that would protect medical marijuana patients from being penalized at work for off-duty use of cannabis<\/a>. That measure is from House Majority Floor Leader Reena Szczepanski (D), who previously worked at the reform organization Drug Policy Alliance.<\/p>\n

\u201cOur first responders are dealing with stress, chronic pain, insomnia, and PTSD,\u201d Szczepanski told Marijuana Moment at the time. \u201cBarring them from using medical cannabis on their own time to manage symptoms is incredibly harmful and unnecessary. It\u2019s time to make a change.\u201d<\/p>\n

Paul Walton, a firefighter in the state and one of the lead proponents of the new Bernalillo County policy, told Marijuana Moment in a separate statement that the local change \u201cmade history\u201d and \u201cwill help thousands of lives in New Mexico, the lives of firefighters and their families.\u201d<\/p>\n

\u201cFirefighters deserve to have the same rights and freedoms of every other New Mexican,\u201d he said in an email. \u201cThis has been a long journey with many struggles, but we have finally come to the future of medical cannabis for first responders in New Mexico. Firefighters and first responders experience a lot of traumas from the job. This will be a safe medication to better manage the stressors of the job.\u201d<\/p>\n

Walton told Marijuana Moment ahead of Bernalillo County\u2019s adoption of its new drug policy that he\u2019d been working to enact the change in New Mexico for almost two years, since initially being inspired by a presentation from a Pittsburgh department that touched on discrimination around marijuana use by registered medical patients.<\/p>\n

While the change hadn\u2019t yet been adopted by any jurisdictions in New Mexico, Walton at the time pointed to Pittsburgh; Phoenix; Prince William County, Virginia; New York City and other areas around the country that have relaxed THC-related drug testing following legalization, for example eliminating random tests.<\/p>\n

Walton said that despite concerns about irresponsible, on-duty use, consumption of marijuana while away from work can actually be therapeutic for many firefighters.<\/p>\n

\u201cFirefighters have a higher risk of pain and injuries\u201d than typical workers, he explained. \u201cThey have a higher risk of cancer, higher risk of PTSD, higher risk of anxiety and higher risk of sleeping disorders.\u201d<\/p>\n

A report last year from the Centers for Disease Control and Prevention (CDC) looked five years of health survey data to determine which industries and occupations were most likely to self-report marijuana use<\/a>, finding that those in the food service and hospitality industries are some of the most common consumers, along with those in arts, design, entertainment, sports, media and construction and extraction.<\/p>\n

The report encouraged employers and employees to \u201cwork together to ensure that workplace impairment resulting from cannabis use does not result in injuries.\u201d<\/p>\n

\u201cExamples could include outlining expectations around cannabis use in proximity to work generally, establishing a list of high-risk job tasks that should not be done at any level of impairment, or establishing a level of workplace trust and security so that workers can voluntarily opt out of performing certain tasks if they do not think they can do them safely,\u201d the study said. \u201cThe primary goal for both employers and employees should be to limit the risk of injury while maintaining productivity.\u201d<\/p>\n

The evolving legal landscape around cannabis in the United States has complicated drug testing standards, especially in federally regulated sectors, and has encouraged employers and policymakers alike to reconsider when and how people are screened for marijuana.<\/p>\n

A number of states have already passed legislation that limits or prevents drug testing of employees for marijuana. Last year, for example, new worker protections took effect in both California and Washington State<\/a>.<\/p>\n

And last month, a Florida Democrat introduced state legislation that would protect medical marijuana patients from discrimination in government jobs<\/a> by preventing agencies from punishing public workers based solely on their legal use of cannabis.<\/p>\n

In California, employers are now prohibited from asking job applicants about past cannabis use, and most are barred from penalizing employees over lawful use of marijuana outside of the job. The Washington State law, meanwhile, protects workers from facing employment discrimination during the hiring process over their lawful use of cannabis. It does not protect current workers from discipline or firing for out-of-work use, however.<\/p>\n

In New Jersey, the state\u2019s policy against drug testing public employees has spiraled into lawsuits over whether police in Jersey City can be fired for testing positive for THC. The state\u2019s attorney general has advised departments\u00a0not to test officers for off-duty cannabis use<\/a>\u00a0following legalization, but Jersey City\u2019s mayor has publicly defied that policy\u2014a move officers claim is\u00a0motivated by the mayor\u2019s political ambitions<\/a>.<\/p>\n

As marijuana legalization\u00a0began to take effect in Ohio last year<\/a>\u00a0Cleveland Mayor Justin M. Bibb (D) announced that\u00a0the city has \u201cmodernized\u201d its drug testing policies for applicants for city jobs<\/a>, eliminating \u201cantiquated language around pre-employment marijuana testing that has previously hindered hiring efforts.\u201d<\/p>\n

A Washington, D.C. law went into effect last July that bans most private workplaces from\u00a0firing or otherwise punishing employees for marijuana use<\/a>\u00a0during non-work hours.<\/p>\n

Michigan officials also\u00a0approved changes to the state\u2019s employment policy<\/a>\u00a0last year, making it so applicants for most government jobs will no longer be subject to pre-employment drug testing for marijuana.<\/p>\n

New York also provides\u00a0broader employment protections for adults who legally use cannabis<\/a>\u00a0during off-hours and away from work.<\/p>\n

At the federal level, however, officials have reiterated that \u201cdespite changes in state laws,\u201d marijuana use is still a factor when considering a job applicant\u2019s eligibility<\/a> for government employment.<\/p>\n

Earlier this month, Elon Musk also called it a \u201cgreat idea\u201d to mandate drug testing of federal employees<\/a> as part of his push to make massive cuts to government agencies and spending.<\/p>\n

The issue is also common in the private sector, especially in areas where state-level legalization collide with the ongoing federal prohibition of marijuana. The conflict arose in a recent federal court case from Alaska Airlines, for example, in which the company sought and failed to overturn an earlier arbitration order reinstating the employment of an aircraft maintenance technician whom the company fired over a positive test for THC<\/a>.<\/p>\n

In August, Marijuana Moment published a document behind a decision by Home Depot, one of the largest employers in the United States, to\u00a0remove cannabis from screening panels entirely and stop pre-employment drug testing of most of its workers<\/a>.<\/p>\n

In 2021, corporate behemoth Amazon announced that it would\u00a0stop testing many of its workers for marijuana<\/a>\u2014and also begin lobbying the federal government for cannabis legalization.<\/p>\n

\n

Pennsylvania Governor Will Put Marijuana Legalization In His Budget, But Top GOP Senator Remains Skeptical<\/a><\/p>\n<\/blockquote>\n

\n

Photo courtesy of Mike Latimer.<\/em><\/p>\n

The post New Mexico\u2019s Largest County Reaches Deal With Firefighters To Stop Random Drug Testing For Marijuana<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


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After leaders of New Mexico\u2019s most populous county voted late last year to stop punishing most government employees for off-hours marijuana use, the county has reached a revised employment agreement with the local firefighters\u2019 union. Approved by the Bernalillo County Board of County Commissioners (BCC) on a 5\u20130 vote onContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":24,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/80360"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/24"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=80360"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/80360\/revisions"}],"predecessor-version":[{"id":80361,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/80360\/revisions\/80361"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=80360"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=80360"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=80360"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}