Workplace Drug Testing Laws in New Mexico
Workplace drug testing laws in New Mexico do not regulate drug testing. However, employers must still follow federal drug testing legislation.
With medical and recreational marijuana now legal in New Mexico, employers are encouraged to review their drug testing policies and make sure they're compliant with the Cannabis Regulation Act. This act allows employers to continue with drug-free workplace policies to ensure the safety of the employees and the company.
To register for a drug test, simply sign up using the button below. To register via phone, or if you have any questions, we can be reached at (888) 378-2499.
New Mexico Drug Testing Compliance
New Mexico Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Instant or POCT Testing | Employment drug screening laws in New Mexico do not address instant or POCT testing. |
| Random Testing | Workplace drug testing laws in New Mexico do not restrict or address random testing. |
| Specimens Tested | New Mexico drug testing compliance does not specify which specimens can be tested, but DOT regulations must be observed for workers' comp. |
| Substances Screened | New Mexico drug testing legislation does not regulate which substances can be screened for. |
| Laboratories | The laboratories used for New Mexico drug testing compliance are not specified, unless testing for workers' comp purposes. In this case, DOT regulations must be followed. |
| Testing for Alcohol | New Mexico drug testing legislation does not restrict the ability of employers to require alcohol testing. |
Conditional New Mexico Drug Testing Laws
| Drug Test Issue | Remarks |
|---|---|
| Recreational Marijuana |
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Recreational marijuana is legal in New Mexico for adults age 21 and older.
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Employers can take adverse employment action on employees that come to work intoxicated, use marijuana at work, or possess marijuana in the workplace.
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Employers that receive federal funding are not expected to take actions that will lead to the loss of funding. Employers can enforce drug-free policies under federal guidelines.
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| Medical Marijuana |
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Medical marijuana is legal in New Mexico for qualifying patients, but employers can still take adverse employment action on employees that are intoxicated in the workplace
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Senate Bill 406 protects the rights of medical marijuana users. The law does not apply to businesses that may lose benefits under federal law or those who work in safety-sensitive positions.
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Employees must be provided a copy of the drug testing work policy at the time the job is offered to the employee.
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Employers with a zero-tolerance drug policy cannot take adverse employment action on an applicant or employee for legally using medical marijuana outside of the workplace.
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Employers must accommodate the possession of marijuana for palliative patients.
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Employers cannot take adverse employment action on an employee for medical marijuana use outside of work, unless otherwise clearly stated in the workplace policy.
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Applicants cannot be discriminated against for medical marijuana use during pre-employment drug screening.
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Since drug testing for marijuana alone does not tell an employer if an employee is intoxicated at work, employers must learn the signs of marijuana intoxication.
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| Workers Comp |
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Employees will be denied workers' compensation benefits if intoxication was the cause of the accident, injury, or death.
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Employees will receive a deduction of workers' compensation benefits if intoxication only contributed to the accident.
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Drug testing for workers' comp purposes must follow DOT regulations.
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Frequently Asked Questions
What does New Mexico drug test for?
Workplace drug testing laws in New Mexico do not specify which drugs employers test for. Under federal law, the drugs tested include amphetamines, cocaine, marijuana, phencyclidine (PCP), opiates, barbiturates, MDMA, methadone, methaqualone Benzodiazepines, ethanol (alcohol), hydrocodone, and propoxyphene.
Other Services We Provide in New Mexico
If you're looking for drug testing information related to a specific city in the state of New Mexico, try taking a look at our New Mexico clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer New Mexico Background Checks. For more information, visit our New Mexico background check page.
This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.