{"id":3915,"date":"2021-09-09T00:00:21","date_gmt":"2021-09-09T00:00:21","guid":{"rendered":"https:\/\/www.teleleafrx.com\/?p=3915"},"modified":"2021-09-09T02:53:25","modified_gmt":"2021-09-09T02:53:25","slug":"puerto-rico-signed-law-protecting-medical-marijuana-patients","status":"publish","type":"post","link":"https:\/\/www.teleleafrx.com\/puerto-rico-signed-law-protecting-medical-marijuana-patients\/","title":{"rendered":"Puerto Rico Signed Law Protecting Medical Marijuana Patients from Employment Discrimination"},"content":{"rendered":"

Governor Pedro Pierluisi signed a new law in Puerto Rico for medical marijuana patients\u2019 employment discrimination protection<\/a>.<\/p>\n

Act No. 15-2021 (Act 15) amends Puerto Rico\u2019s Medicinal Cannabis Act<\/strong>, known as Act No. 42 or the \u201cAct to Manage the Study, Development, and Research of Cannabis for Innovation, Applicable Standards and Limits.\u201d<\/em><\/p>\n

Act 15 categorizes medical marijuana patients in Puerto Rico as members of a protected class under the territory\u2019s employment protection laws.<\/p>\n

Therefore, employers may not single out registered medical cannabis patients during their employment processes, including recruitment, hiring, resignation, termination, or disciplinary actions.<\/p>\n

Only qualified patients benefit from this new law\u2019s provisions. Patients must exhibit qualified medical conditions to be eligible for cannabis treatment.<\/p>\n

Certified marijuana doctors can grant recommendations for these patients.<\/p>\n

Act 15 Provisions<\/h2>\n

Effective immediately, Act 15 protects registered and authorized medical marijuana patients in Puerto Rico against workplace discrimination.<\/p>\n

Employees in the medical marijuana patient registry have protections against employers who may impose disciplinary action on them based on their marijuana usage.<\/p>\n

This law addresses the existing marijuana law\u2019s silence on worker rights of medical marijuana patients. Before this amendment, employers had the legal right to dismiss an employee or reject an applicant who tested positive for marijuana.<\/p>\n

With new provisions, employees or applicants identifying as registered and authorized marijuana patients can safely stay at and enter a workplace despite their status.<\/p>\n

Accordingly, employees must establish their status as medical marijuana patients in Puerto Rico.<\/p>\n

What Act 15 Means for Employers<\/h2>\n

Employers also receive protections from this amendment. Under Act 15 provisions, employing a person registered and authorized as a medical cannabis patient in Puerto Rico is no suitable basis for denial or penalty against benefits, contracts, licenses, or permits under Puerto Rican laws.<\/p>\n

In other words, employers can still apply for benefits or renew contracts despite employing registered medical marijuana patients.<\/p>\n

Official bodies may not cite a medical marijuana patient under a person\u2019s employment as a reason for rejecting legal contracts.<\/p>\n

Meanwhile, employers have new obligations under Act 15. Employers must revise their working practices to accommodate these new medical marijuana employment protections.<\/p>\n

The Act requires the Puerto Rico Department of Labor and Human Resources<\/strong> (DLHR) and the Medicinal Cannabis Regulatory Board<\/strong> (MCRB) to adopt and update their protocols and implement the Act\u2019s statutes by October 27, 2021.<\/p>\n

Exceptions to the New Law<\/h2>\n

Although no employer may discriminate against registered medical marijuana patients during their recruitment, hiring, or termination processes, the employee\u2019s protections are not absolute under Act 15.<\/p>\n

The new law favors the medical cannabis patient, but its provisions cannot protect a person if an employer can prove that these patients meet any of the following criteria<\/strong>:<\/p>\n