New Hampshire State Drug Testing Laws

Marijuana Law:

Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

Employer Concerns – Significant to Review

  • The law does not require an employer to accommodate the therapeutic use of cannabis on the property or premises of any place of employment.
  • Nothing in the law limits or prohibits the employer’s ability to discipline an employee from using or being under the influence on the job.
  • A person can be arrested or prosecuted for being under the influence of marijuana in the place of employment without written permission.




  • See Significant above.


  • Law limits consumption of cannabis to, (New Hamp. Stat. 126-X:3), “… privately owned, real property only with written permission of the property owner…” including place of employment.
  • Smoking is permitted.
  • May not smoke or vaporize in any public place.
  • A person can be arrested or prosecuted for being under the influence of marijuana while operating a vehicle, boat, or other named vessels.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)
  • Compensability will be denied if injury due in whole or in part to intoxication as defined in (RSA 281-A:2, XII-a) “”Intoxication” means intoxication by alcohol or controlled drug as defined in RSA 318-B:1. This definition shall not include an employee’s use of a controlled drug for which a prescription has been issued authorizing such drug to be dispensed to him, when the employee’s use of the controlled drug is in accordance with the instructions for use of the controlled drug.”


(e.g., Bill Number, Authority)
  • New Hamp. Stat. 126-X:3 – Medical marijuana
  • New Hamp. Stat. 282-A:34(I) – Unemployment related
  • New Hamp. Stat. 281-A:14 – Workers’ compensation related

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.


Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).