New Law Prohibits Discrimination Against Medical Cannabis Patients
An McV Labor & Employment Law Alert
On July 29, 2021, Hon. Governor Pierluisi signed into law P.R. Act 15-2021, which amends P.R. Act 42-2017 (known as the Law for the Management, Study, Development, and Investigation of Cannabis) to prohibit discrimination in employment against individuals who are registered medical cannabis patients.
Act 15-2021 does not protect employees when their registered use of medical cannabis represents a real threat or danger to other individuals or property; interferes with their performance of essential job functions; exposes the employer to the loss of licenses, permits or certifications related to a federal statute, regulation, program or funds; or, when they consume or possess medical cannabis in the workplace and/or during work hours, without written employer authorization.
Act 15-2021 became effective immediately. We will be issuing another Alert providing further guidance on this topic once the P.R. Department of Labor issues regulations related to this new legislation within 90 days, as mandated by Act 15-2021.
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