New Hampshire Drug Testing Laws
New Hampshire takes a structured approach to drug and alcohol testing in workplaces. These guidelines are primarily captured within RSA 275-G, titled "Drug Testing in the Workplace". More details can be found directly in the RSA 275-G section on the official website of the New Hampshire General Court.
Marijuana in New Hampshire: Medical marijuana is legal in New Hampshire, but recreational marijuana remains illegal. To utilize medical marijuana, individuals must have a written certification from a licensed provider for a qualifying medical condition.
For a comprehensive understanding of New Hampshire's drug testing regulations, please consult the New Hampshire General Court's official website.
| Drug Testing Issue | Status | Comments |
|---|---|---|
| Instant or POCT Testing | Not specified | Adherence to RSA 275-G guidelines is required. |
| Drug Panels | Not specified | But should adhere to state and federal guidelines. |
| Laboratory | SAMHSA-certified recommended | Ensures reliability and credibility. |
| Medical Review Officer (MRO) | Required | Ensures accurate interpretation and validation of results. |
| Random Testing | Restricted | Mostly limited to safety-sensitive positions. |
| Post-Accident | Permitted | Especially when there's reasonable suspicion. |
| Reasonable Suspicion | Permitted | Based on observable behaviors or evidence. |
| Oral Fluids | Not specified | Follow manufacturer and state guidelines. |
| Hair Testing | Not specified | Adhere to specific protocols and procedures. |
| Unemployment Denial | Possible | If drug use directly leads to employment termination. |
| Workers Comp Discount | Not specified | But drug-free workplace programs may be considered. |
| Intoxication Defense | Permitted | An employer may defend if intoxication was the direct cause. |
| Medical Marijuana | Yes | Only for patients with qualifying conditions. |
| Recreational Marijuana | No | Remains illegal in New Hampshire. |
| Report Driver DOT Positives | Subject to federal rules | Adherence to federal DOT regulations is essential. |
| General Statute | RSA 275-G | Refer to RSA 275-G: Drug Testing in the Workplace for comprehensive details. |
As outlined in New Hampshire's RSA 275-G, employers must be careful in how they approach drug and alcohol testing. Additionally, the distinction between medical and recreational marijuana in the state means that employers should be well-informed about employee rights and the implications of testing for marijuana.
- Answered by: Andrew David Easler, Esq.
- Published: 12/19/2022
- Updated: 11/03/2023
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