Puerto Rican Medical Marijuana Patients Gain Employment Protections

Related Practices and Jurisdictions

Registered and authorized medical cannabis patients in Puerto Rico are considered a protected category for the purposes of all labor laws under one of Governor Pedro’s. signed amendment to the “Law on the Administration of the Study, Development and Investigation of Cannabis for Innovation, Applicable Norms and Restrictions”. R. Pierluisi on July 29, 2021.

According to the amendment to Law 15-2021 of Puerto Rico, employers are not allowed to discriminate against registered and licensed medical cannabis patients when hiring, hiring, designating, terminating or imposing disciplinary measures.

Law 15-2021 comes into force immediately.

Exceptions

The provisions of Law 15-2021 do not protect registered and licensed medical cannabis patients if the employer can demonstrate by overwhelming evidence that:

The use of medicinal cannabis poses a real risk of harm or danger to others or property;

The use of medicinal cannabis affects the performance and functions of the worker;

Authorizing the use of medicinal cannabis would expose the employer to the risk of losing a license, permit, or certification under any federal law, regulation, program, or fund; or

The registered and authorized patient has consumed or possessed medical cannabis during working hours or in the workplace without written permission from the employer.

Employer protection for hiring medical cannabis patients

Law 15-2021 protects employers hiring registered and licensed medical cannabis patients from punishment or denial of a contract, license, permit, certification, benefit, or fund under the laws of the Commonwealth of Puerto Rico.

effects

The provisions of Law 15-2021 should be interpreted liberally in favor of registered and licensed medical cannabis patients.

In addition, the Medical Cannabis Regulatory Board and Department of Labor and Human Resources must issue any regulations or administrative measures by October 27, 2021 to ensure the effective implementation of Law 15-2021.

Employers should revise their drug testing and discrimination policies to comply with Law 15-2021.

Jackson Lewis PC © 2021 National Law Review, Volume XI, Number 211