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New Mexico State Drug Testing Laws

Workplace Drug Testing Issues – New Mexico State Laws

These categories do not affect 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 RequiredThe use of MRO is 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 policy.State 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 MarijuanaYesThe employer has no duty to accommodate and no violation of New Mexico law or public policy for termination based on a failed test.
Recreational MarijuanaNo 
Report Driver DOT PositivesYesEmployers must report DOT drug and alcohol positive and refuse 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 knowledge will remain on the driver’s record for five years.
General Statute New Mexico does not have a drug testing statute; however, employers must demonstrate compliance with the DOT drug and alcohol testing regulations in workers’ compensation denial cases.

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 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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