Puerto Rico: Got The Green Light: New Puerto Rico Law Expands Employment Protections For Registered And Licensed Medical Cannabis Patients

CANNANNEW REPORT

02 August 2021 by Sashmarie Z. Rivera-Lopez (San Juan) and José L. Maymí-González (San Juan) Littler Mendelson Your LinkedIn Connections with the authors On July 29, 2021, Puerto Rico Governor Pedro Pierluisi signed into law Act No. 15-2021 (Act 15). Act 15 amends Act No. 42 of July 9, 2017, also known as the Act to Manage the Study, Development and Research of Cannabis for Innovation, Applicable Standards and Limits (Medicinal Cannabis Act). This amendment expands employment protections to employees who are registered and licensed medical cannabis patients. The Medicinal Cannabis Act, among other things, allows the use of medical cannabis per a doctor’s recommendation for duly authorized individuals suffering from a serious health condition. There must be a bona fide doctor-patient relationship between the doctor who issues the recommendation and the individual. The Medicinal Cannabis Act and its applicable regulation specifically provide a list of covered health conditions for which medical cannabis treatment could be accepted. As originally drafted, the Act remained silent on whether users were protected in employment. Therefore, its interaction with employers’ validly established drug-testing and anti-discrimination policies was a topic of public and legal debate. This now changes with the approval of Act 15, which provides that any employee who identifies themselves as a registered and authorized medical cannabis patient will be a member of a protected category for purposes of employment protection laws. Accordingly, no employer may discriminate against such persons either in the process of recruitment, hiring, termination, or other employment conditions. Act 15 states that the statute’s protections shall be interpreted liberally in favor of medical cannabis patients. The employee protections are not absolute, however. The Act’s protection vanishes if the employer can establish, by a preponderance of the evidence, any of the following: The use of medical cannabis represents a real threat of harm or danger to people or property; The use of…

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Source : Puerto Rico: Got The Green Light: New Puerto Rico Law Expands Employment Protections For Registered And Licensed Medical Cannabis Patients

reposted by Cannabis News World

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