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New Hampshire State Drug Testing Laws

Workplace Drug Testing Issues – New Hampshire State Laws

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

Workplace Drug Testing Laws in New Hampshire

Drug Testing IssueStatusComments
Instant or POCT TestingNo Restrictions 
Drug PanelsNo Restrictions 
LaboratoryNo RestrictionsSAMHSA certified lab recommended
Medical Review OfficerNot RequiredThe use of a medical review officer is strongly recommended.
Random TestingNo Restrictions 
Post-AccidentNo 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 SuspicionNo Restrictions 
Oral FluidsNo Restrictions 
Hair TestingNo Restrictions 
Unemployment DenialYesAddress drug-free workplace policy. A violation is grounds for termination and misconduct.
Workers Comp DiscountNo 
Intoxication DefenseYesSee note
Medical MarijuanaYesHouse Bill 573 (284-66 H; 18-6 S). There are no limits on employers; the law explicitly says no need to accommodate use at work.
Recreational MarijuanaNo 
Report Driver DOT PositivesNo 
General Statute No law in New Hampshire law addressing drug testing in private employment

No known court decisions are 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 caused in whole or part by the intoxication, as defined in RSA 281-A:2, XII-a, or by the serious and willful misconduct of the worker. However, the provision as to intoxication shall not apply 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 vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.

View Individual State Law Summaries

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