New Mexico Drug Testing Laws

Drug and alcohol testing is legal in Nex Mexico. To deny workers’ compensation claims, specific testing requirements must be met. In order to deny workers’ compensation claims, instant testing is not permitted.

Drug Testing Law Status: None

Read more about Voluntary VS Mandatory Laws here.

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.

Drug Testing Issue	Status	Comments
Instant or POCT Testing	No Restrictions
Drug Panels	No Restrictions
Laboratory	No Restrictions	Recommend using SAMHSA certified laboratories.
Medical Review Officer (MRO)	Not Required	Use of MRO highly recommended to avoid liability in your drug testing program.
Random Testing	No Restrictions
Post-Accident	No Restrictions
Reasonable Suspicion	No Restrictions	Document carefully
Oral Fluids	No Restrictions
Hair Testing	No Restrictions
Unemployment Denial	Yes, address in company policy	State violation of drug free workplace policy is misconduct.rn
Workers Comp Discount	No
Intoxication Defense	Yes, available	Reduction in compensation when alcohol or drugs contribute to injury or death
Medical Marijuana	Yes	Employer has no duty to accommodate and no violation of New Mexico law or public policy for termination based on failed test.
Recreational Marijuana	No
Report Driver DOT Positives	Yes	Requires 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 Statute	--	New 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

Disclaimer

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local laws vary 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.

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