Marijuana removed from drug testing requirements

Gov. Arnold I. Palacios has signed into law House Bill 23-50 which essentially removes marijuana from all pre-employment drug testing for government employees.

Yesterday, Palacios wrote to Senate President Edith Delon Guerrero (D-Saipan) and House Speaker Edmund Villagomez (Ind-Saipan) informing the Legislature that he has signed H.B. 23-50 and it is now Public Law 23-27.

Public Law 23-27 basically removes marijuana from all pre-employment drug testing for government employees with certain exceptions.

According to a previous article on the Saipan Tribune, Rep. Diego Vincent F. Camacho (D-Saipan), who is the principal author of the bill, said the intent of the legislation really is just to be in line with Public Law 20-66, the Taulamwaar Sensible CNMI Cannabis Act of 2018.

Public Law 20-66 authorized the personal, medicinal, and commercial use of cannabis/marijuana.

Camacho said the pre-employment matter was not addressed in Public Law 20-66.

“Really the intent of this legislation is for the initial drug testing, anything after that is on the employee or the employer,” he said.

Camacho said the legislation also addresses that any position that is federally funded, even partially, will be the exception to include positions that are safety sensitive.

He said it also authorizes the director of Office of Personnel Management to identify these positions.

The passage of P.L. 23-27 comes after Palacios announced his plans for a cannabis tourism industry reform.

Last month, Oscar M. Babauta Sr., the governor’s special assistant for Administration, issued a letter to all cannabis tourism industry stakeholders informing them of Palacios’ plans to reform the cannabis tourism industry.

In addition, Babauta, said, Palacios intends to establish an industry of exporting cannabis and hemp products.

To head this initiative, Babauta added that Palacios has retained the services of Ambrose M. Bennett.

“Pro Services’ Ambrose M. Bennett has been retained by the governor to lead his efforts to reform the cannabis tourism industry and try to create a hemp production and manufacturing industry for exporting hemp products,” he said.

Babauta, in his letter, stated that the CNMI is in desperate need of a new revenue source and the cannabis industry was initially created to be a revenue source for the CNMI.

“As all of you are aware, the CNMI is in desperate need of new revenue sources and the purpose for creating the industries on paper by law was to generate new revenues. However, the government is presently spending over $200,000 a year more on the industry than what is being collected in taxes and fees from the cannabis tourism industry. We must fix this industry, or it was useless to create the industry,” he said.

Babauta adds that there is also the fact that the CNMI is now in a “horse race” with Guam that now legalized recreational usage of cannabis.

“The governor has tasked me with working with Mr. Bennett and being the ‘executive officer’ for these reforms. It is critical that all stakeholders buy-in on the reforms that are driven by ‘common sense and common practices related to the use of marijuana,’” he said.

In closing, Babauta asks that all stakeholders work with Bennett in creating the required reforms to make the cannabis tourism industry a productive revenue source for the CNMI government.

“To date, the cannabis tourism industry has yet to be promoted in any way and that must change if the CNMI is to reap real new revenues from the industry. You will be contacted in the near future by Mr. Bennett. It is the governor’s sincere request that you work with Mr. Bennett on this confidential and time-sensitive matter,” said Babauta.