Puerto Rico Governor Pedro R. Pierluisi, signed into law on July 29, 2021, Law No. 15-2021, changing the local employment law landscape by classifying employees that identify themselves before their employers as registered and authorized medical cannabis patients, as a protected group under Puerto Rico’s employment protection laws, among other provisions relevant to local employers.

Law No. 15-2021 (“Law 15”), which amends Law No. 42-2017, also known as the Act to Provide for the Study, Development, and Research of Cannabis for Innovation, and the Applicable Rules and Limitations (“Medical Cannabis Act”), classifies employees that identify themselves before their employer as a registered and authorized medical cannabis patient as a protected group under Puerto Rico’s employment protection laws. As such, Law 15 now prohibits an employer from discriminating against registered patients in recruitment, hiring, termination and other decisions that may be averse to the cannabis patient’s employment.  Also, Law 15 specifically states that the statute’s protections shall be interpreted liberally in favor of medical cannabis patients.

However, Law 15 provides that these new antidiscrimination employment protections are not absolute and yield when an employer can establish, by a preponderance of the evidence, any of the following:

1. The use of medical cannabis represents a real threat of harm or danger to individuals or property;
2. The use of medical cannabis by the registered and authorized patient interferes with their performance and essential job functions;
3. The use of medical cannabis by the registered and authorized patient exposes the employer to the loss of any license, permit or certification related to any federal law, regulation, program or fund; or
4. The registered and authorized patient ingests or possesses medical cannabis in their workplace and/or during working hours without the employer’s written authorization.

Further, Law 15 also provides that no employer will be penalized or denied any contract, license, permit, certification, benefits or funds under the laws of the Commonwealth of Puerto Rico for the sole reason of employing registered and authorized medicinal cannabis patients.

Lastly, Law 15 orders the Medical Cannabis Regulatory Board in conjunction with the Puerto Rico Department of Labor and Human Resources to adopt the regulations and administrative measures necessary to achieve the purposes of this Law, on or before October 27, 2021.  Law 15 became effective on July 29, 2021.

Employers must take note of this new category of protected employees and should revise their policies and company practices to adequately comply with Law 15. At O’Neill & Borges we are available to assist you with any questions you may have regarding these new requirements and recommendations.

By: José F. Benítez and Lorena Y. Gely, Labor and Employment Department,

O’Neill & Borges LLC