| 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. |
