HOUSE BILL 331

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Andrea Romero and Javier Martínez and Christine Chandler

 

 

 

 

 

AN ACT

RELATING TO CANNABIS REGULATION; REQUIRING CANNABIS ESTABLISHMENTS TO ENTER INTO, MAINTAIN AND ABIDE BY THE TERMS OF A LABOR PEACE AGREEMENT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Cannabis Regulation Act, Section 26-2C-34.1 NMSA 1978, is enacted to read:

     "26-2C-34.1. [NEW MATERIAL] LABOR PEACE AGREEMENTS.--

          A. As used in this section, "labor organization" means an association of workers recognized by the national labor relations board as a bona fide labor organization.

          B. Cannabis establishments with ten or more employees shall enter into, maintain and abide by the terms of a labor peace agreement with a labor organization. A labor peace agreement requirement is an ongoing material condition of a license, of which a violation may result in refusal to renew a license or suspension or revocation of the license. A cannabis establishment with fewer than ten employees that has not entered into a labor peace agreement shall provide a written attestation with the application indicating that the cannabis establishment will enter into and abide by the terms of a labor peace agreement within sixty days of employing the tenth employee.

          C. An initial applicant shall provide a written attestation with the application indicating that the applicant will enter into and abide by the terms of a labor peace agreement within sixty days of employing the tenth employee.

          D. A licensee shall submit the written agreement to the division within six months of employing the tenth employee.

          E. On and after September 1, 2025, the division shall not renew a license for a cannabis establishment with ten or more employees unless the cannabis establishment provides a written attestation signed by a labor organization stating that the cannabis establishment is maintaining and abiding by the terms of a labor peace agreement.

          F. The division shall promulgate rules to enforce the provisions of this section. Upon review and findings of a cannabis establishment's failure to meet the material condition of maintaining and abiding by a labor peace agreement, the division shall suspend the cannabis establishment's license.

          G. The labor peace agreement shall specify:

                (1) for the cannabis establishment, that it shall not disrupt efforts by the labor organization to communicate with and attempt to organize and represent the cannabis establishment's employees and shall provide access at reasonable times for the labor organization to meet with employees to discuss their right to representation, employment rights under state law and terms and conditions of employment; and

                (2) for the labor organization, that neither the labor organization nor its members shall engage in picketing, work stoppages, boycotts or any other economic interference with the cannabis establishment's business."

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