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 Issue |
Status |
Comments |
| Instant or POCT Testing |
No Restrictions |
|
| Drug Panels |
No Restrictions |
|
| Laboratory |
No Restrictions |
SAMHSA certified lab recommended |
| Medical Review Officer |
Not Required |
The use of a medical review officer is strongly recommended. |
| Random Testing |
No Restrictions |
|
| Post-Accident |
No Restrictions |
Drug 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 Suspicion |
No Restrictions |
|
| Oral Fluids |
No Restrictions |
|
| Hair Testing |
No Restrictions |
|
| Unemployment Denial |
Yes |
Address drug-free workplace policy. A violation is grounds for termination and misconduct. |
| Workers Comp Discount |
No |
|
| Intoxication Defense |
Yes |
See note |
| Medical Marijuana |
Yes |
House 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 Marijuana |
No |
|
| Report Driver DOT Positives |
No |
|
| 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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