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
We are an education company, not a law firm. The information and content we provide is for general informational purposes only and does not constitute legal advice. We make no representations, warranties, or guarantees regarding the accuracy, completeness, or applicability of the content. It is important to always consult with a qualified attorney for specific legal counsel pertaining to your individual circumstances.
Mock Collections for DOT Breath Alcohol Technicians (BAT)
DOT Oral Fluid Collector Train-the-Trainer
Non-DOT Hair Collector Basic Proficiency Training
Non-DOT Urine Specimen Collection Initial Proficiency Training
DOT Breath Alcohol Technician Basic Proficiency Training
DOT Urine Specimen Collector Basic Proficiency Training
DOT Oral Fluid Collector Training
FAA Reasonable Suspicion Training for Supervisors
Training on New York's Workplace Drug Testing Laws
Training on California Workplace Drug Testing Laws
Non-DOT Urine Specimen Collector Train-the-Trainer
Training on Texas Workplace Drug Testing Laws