New Mexico

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Workplace Drug Testing Issues – New Mexico State Laws

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

In New Mexico, DOT drug and alcohol testing procedures must be observed in workers’ compensation denial cases.

April 4th, 2019 – Amendment to New Mexico medical marijuana law to provide employment protections to employees and applicants. Supervisor training and policies should be updated to reflect employment issues involving medical marijuana, such as requests for accommodations and positive drug test results.

Workplace Drug Testing Laws in New Mexico

Drug Testing IssueStatusComments
Instant or POCT TestingNo Restrictions
Drug PanelsNo Restrictions
LaboratoryNo RestrictionsRecommend using SAMHSA certified laboratories.
Medical Review Officer (MRO)Not RequiredUse of MRO highly recommended to avoid liability in your drug testing program.
Random TestingNo Restrictions
Post-AccidentNo Restrictions
Reasonable SuspicionNo RestrictionsDocument carefully
Oral FluidsNo Restrictions
Hair TestingNo Restrictions
Unemployment DenialYes, address in company policyState violation of drug free workplace policy is misconduct.rn
Workers Comp DiscountNo
Intoxication DefenseYes, availableReduction in compensation when alcohol or drugs contribute to injury or death
Medical MarijuanaYesEmployer has no duty to accommodate and no violation of New Mexico law or public policy for termination based on failed test.
Recreational MarijuanaNo
Report Driver DOT PositivesYesRequires employers to report DOT drug and alcohol positive and refusal to tests on CDL holders to the NM DMV. The DMV will enter the information on the CDL holder's motor vehicle record. Pre-employment refusals to test are not reported. The positive/refusal to test information will remain on the driver's record for 5 years.
General StatuteNew Mexico does not have a drug testing statute; however, in workers' compensation denial cases employers must demonstrate compliance with the DOT drug and alcohol testing regulations.

Unemployment Disqualification - New Mexico Stat. Ann. §51-1-7(2)

Workers' Compensation Claim Denial - Intoxication Defense - Section 52-1-12.1 - Reduction in compensation when alcohol or drugs contribute to injury or death.

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 Mexico