Puerto Rico: Law Signed Protecting Medical Cannabis Patients from Employment Discrimination


NORML has the lowdown.. Puerto Rico’s Governor has signed legislation into law protecting qualified medical cannabis patients from workplace discrimination. The legislation amends Puerto Rico’s medical marijuana access law so that registered patients are now classified as members of a protected class under the US territory’s employment protection laws. Under the expanded law, employers may not discriminate against authorized patients of medical cannabis in the recruitment, hiring, designation, or termination process or when imposing disciplinary actions. Exceptions to employees’ protection include situations where “the use of medical cannabis represents a real threat of harm or danger to others or property” and/or when “the use of medical cannabis interferes with the employee’s performance and functions,” among other scenarios. Source:  https://norml.org/blog/2021/08/03/puerto-rico-law-signed-protecting-medical-cannabis-patients-from-employment-discrimination/   Also see update from Littler Law firm Got the Green Light: New Puerto Rico Law Expands Employment Protections for Registered and Licensed Medical Cannabis Patients 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…

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Source : Puerto Rico: Law Signed Protecting Medical Cannabis Patients from Employment Discrimination

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