SCMP Breaking News - Labor & Employment
Year 7, Vol. 5 - October 19, 2022
On October 14, 2022, the Governor of Puerto Rico, Hon. Pedro Pierluisi Urrutia, signed Law 90 to amend Law 44-1985 also known as the "Law to Prohibit Discrimination Against Persons with Physical, Mental or Sensory Disabilities", to extend the protections of such statute to registered medical cannabis patients.
Specifically, Law 90-2022 makes clear that, though Law 44-1985 does not cover "addicts who are actively using illegal drugs" or "active alcoholics", its protections extend to medical cannabis patients duly registered pursuant to Puerto Rico Law 42-2017 (known as the "Act to Provide for the Study, Development, and Research of Cannabis for Innovation, and the Applicable Rules and Limitations"). This includes the prohibitions against discrimination in employment and the right to a reasonable accommodation.
Under Law 42-2017, the term "patient" is defined as "any person who receives a recommendation from an authorized physician for the use of medical cannabis to treat his/her condition and who has been issued an identification by the [Medical Cannabis
Regulatory Board upon completing the registration process in accordance with the MEDICAL CANNABIS Act and the regulations approved thereunder"
What should employers do?
Review and amend all applicable policies and procedures, including employee manuals to make clear that registered medical cannabis patients are covered under Law 44-1985
Provide trainings and guidance to Human Resources personnel and all employees regarding the fact that registered medical cannabis patients must be afforded the protections of Law 44-1985, including the prohibitions against discrimination in employment and the right to a reasonable accommodation
If you have any additional questions, contact us at (787) 945-0380
Because of the general nature of this newsletter, nothing herein should be construed as legal advice or a legal opinion. SCMP Breaking News and all its content is property of Silva-CofresÃ, Manzano & Padró, LLC
#DisabilityLaw #DiscriminationLaw #Cannabis #laborandemploymentlawyers
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