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Workplace Drug Testing Laws for New Mexico

  • Published: 12/19/2022
  • Updated: 12/19/2022

Under New Mexico law there are few restrictions on employers in the implementation of a drug-free workplace policy.

New Mexico has passed statutes allowing the use of Medical Marijuana; however, courts have recognized that employers are under no obligation to accommodate the use of Medical Marijuana in the workplace.

Employers should also keep in mind that New Mexico workers’ compensation law has imposed a few requirements that need to be followed in order to deny or reduce benefits.

An employee can be denied unemployment if they were discharged for misconduct; this means, as the employer, if your drug-free workplace testing policy states that testing positive for a drug test or bringing illicit substances into the workplace is misconduct, then generally unemployment benefits may be denied.