New Hampshire State Drug Testing Laws

Workplace Drug Testing Issues – New Hampshire State Laws

These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Drug Testing IssueStatusComments
Instant or POCT Testing No Restrictions
Drug PanelsNo Restrictions
LaboratoryNo RestrictionsSAMHSA certified lab recommended
Medical Review OfficerNot RequiredUse of a medical review officer strongly recommended
Random TestingNo Restrictions
Post-Accident No RestrictionsDrug testing policies should limit post-incident testing to situations in which employee drug use cannot be ruled out as potentially contributing to the incident.
Reasonable Suspicion No Restrictions
Oral FluidsNo Restrictions
Hair Testing No Restrictions
Unemployment Denial YesAddress drug free workplace policy, a violation is grounds for termination and misconduct.
Workers Comp DiscountNo
Intoxication Defense YesSee note
Medical Marijuana YesHouse Bill 573 (284-66 H; 18-6 S). rnThere are no limits on employers; law specifically says no need to accommodate use at work.rn
Recreational Marijuana No
Report Driver DOT Positives No
General Statute --No law in New Hampshire law addressing drug testing in private employment.

There are no known court decisions interpreting the “New Hampshire Compassionate Use Medical Marijuana Act.”  The law does not limit employers in disciplining an employee for ingesting cannabis at the workplace or for working while under the influence of cannabis.

Note: Intoxication Defense – Denial of Workers Compensation Claim  – The employer shall not be liable for any injury to a worker which is caused in whole or in part by the intoxication, as defined in RSA 281-A:2, XII-a, or by the serious and willful misconduct of the worker. The provision as to intoxication shall not apply, however, if the employer knew that the employee was intoxicated.

 

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Law New Hampshire

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