Puerto Rico Governor Pedro Peirluisi signed Act 15 on July 29. This act amended Act No 42, signed on July 9, 2017. In general this new act protects medical cannabis patients from experiencing workplace discrimination. Significantly, no one can be discriminated against for job recruitment, hiring, designation, or termination simply because they use medical cannabis. However, this only applies to registered medical cannabis patients. Patients must have a doctor recommendation and a qualifying health condition to qualify for medical cannabis. Furthermore, in order to receive a recommendation from a doctor, a physician/patient relationship must be established prior.
To clarify, qualifying health conditions include:
- Alzheimer’s
- ALS
- Anorexia
- Anxiety
- Cancer or other disease causing severe nausea
- Crohn’s
- Epilepsy
- Fibromyalgia
- Hepatitis C
- HIV/Aids
- Migraines
- MS
- Parkinson’s
- Rheumatoid Arthritis
- Spinal cord injury or other condition causing severe pain
Act 15 became law upon the governor’s signature. Currently, businesses across the country have 90 days to write these new laws into their own company laws before October 27, 2021.
Exceptions
As with most rules there are exceptions. For example, patients must be registered or authorized to use medical cannabis. If not, and they are found with cannabis on them, these protections don’t apply to them. Other exceptions include:
- When the use of medical cannabis represents a real threat of harm or danger to others or property;
- When using medical cannabis interferes with the employee’s performance and functions;
- Permitted use of medical cannabis exposes the employer to risk of losing any license, permit, or certification relating to federal law, regulation, program, or fund; or
- Registered and authorized patients who use or possess medical cannabis during working hours or in the workplace without employer’s written permission.
Future
Under those circumstances, Puerto Rico joins several other states who have enacted similar patient protection laws. In this case, supporters of medical cannabis stress patients should not become punished for using a medication recommended to them by their physicians. Workers can now remain assured they won’t lose their job or feel any workplace discrimination over using medicine.
Make sure to check back for more cannabis and hemp related news.