New Hampshire - Considerations for Marijuana in the Workplace

Medical
Marijuana Law:

Recreational
Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

*Marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.

Employer Concerns – Significant to Review

  • 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 possessing or being under the influence of marijuana in the place of employment without written permission from the employer. However, there is no exemption for certain activities including operating a motor vehicle, commercial vehicle, boat, operating heavy equipment or handling dangerous instrumentality (Refer to NH Rev. Stat. 126-X:3 for specifics).
  • Nothing in the law requires (NH Chapter 126-X:3 (5) III), “(a) Any health insurance provider, health care plan, or medical assistance program to be liable for any claim for reimbursement for the therapeutic use of cannabis.”

Testing

Hiring/Termination

Discipline

  • See Significant above.

Use/Possession

  • 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.”
  • New Hampshire does have mandatory drug testing per specific guidelines for residential care and/or health facility that provides hands-on care.
  • Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

Sources

(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
Disclaimer

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.

Caution

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).

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