New Hampshire Drug Testing Laws and Regulations

State

New Hampshire

Statute of Order

Currently Not Available

Covered Employers

Currently Not Available

Applicant Testing

Currently Not Available

Employee Testing

Currently Not Available

Conditions & Methods

Currently Not Available

Important Bulletpoints

The costs of an employee’s medical examination required by the employer as a condition of employment shall not be made at the expense of the employee but rather shall be paid for by the employer.

As per the Model Drug Dealer Liability Act, an employer may bring an action for economic and non-economic damages, caused by an employee’s use of an illegal drug, against the person convicted of participating in the distribution of the illegal drug used by the employee.

Persons who were discharged from employment due to intoxication or use of controlled drugs are disqualified from receiving unemployment benefits.

With regards to workers’ compensation In cases of work related injuries, the employer will not be liable if the proximate cause of the injury is due to intoxication or by willful misconduct of the worker. However, if the employer has knowledge of the employee’s intoxication, the provision is no longer applicable. Intoxication as used in this context includes being under the influence of a controlled drug taken without proper prescription or not in accordance to the instructions of the drug.

New Hampshire Drug Testing Law

Have you been asked by a prospective employer or current employer in New Hampshire to undergo drug testing? Note that Federal law does not require or prohibit drug testing but it is required in employment relating to aviation, transportation, contractors with the Department of Defense and NASA. Generally, it is the local and state laws that dictate whether an employer has the right to test prospective employees and employees for drug use.

New Hampshire has not passed any drug testing laws. This means that New Hampshire drug testing for employees is not required but employers have the option to require their employees to undergo New Hampshire drug testing but pay the cost of the tests.

New Hampshire Drug Test Discrimination Law

The state of New Hampshire excludes employee discrimination based on disability where the term applies to mental or physical impairment that affects and limits a person’s activities. Under the ADA (Americans with Disabilities), an applicant or employee taking prescribed medication for his disability is not liable for a positive result on his drug test. This is true even if the substance is deemed illegal, as long as the medication was legitimately prescribed by a medical doctor. An applicant or employee turned down due to a positive New Hampshire drug test because of his disability has grounds for legal action against the employer.

Under the American with Disabilities, alcohol dependency is a disability but drug dependency is not. Under the New Hampshire drug testing laws, employers are not required to provide their employees with substance abuse assistance or placement in a rehabilitation program.

Discrimination applies to any employer who requires a particular group of employees, i.e. gender, age, race and creed, to undergo New Hampshire drug testing. An employer violates employee invasions of privacy if an applicant or employee is made to commit an indecent act in order to undergo drug testing in New Hampshire. If an employer knowingly announces a false positive drug result of an employee, he is liable for defamation.

Under the ADA, the above stipulations apply to businesses with 15 and more employees.

New Hampshire Drug Test Employer’s Rights

Under the Model Drug Dealer Liability Act, an employer could take non-economic or economic action against the person involved in the distribution of the illegal substance used by the employee. An employer is not required to provide unemployment benefits to an employee discharged from his job due to substance abuse. In the event of a work related injury, the employer is not required to pay the employee’s compensation if he is found under the influence of prohibited drugs but not when the employer knows that the said employee is using illegal drugs. This does not apply though to employees under legitimate prescription of controlled drugs.

Medical Marijuana Law

House Bill 573 (2013) authorizes the use of medical marijuana in New Hampshire, creates a registry identification card system for qualified patients and providers, permits the registration of 4 non-profit centers for alternative treatment, and oversees the welfare of designated caregivers and their qualified patients with updated registry ID cards. This bill was signed into law on July 23, 2013 by Gov. Maggie Hassan.

House Bill 573 affords the creation of a Therapeutic Use of Cannabis Advisory Council. Five years after passage, this committee is tasked to determine if the program should be repealed or continued.

A visiting patient with a valid ID coming from another state that has medical marijuana law will be allowed to possess medical marijuana. However, the visiting patient is prohibited from cultivating or purchasing marijuana in New Hampshire, or acquiring marijuana from any alternative treatment center.

Qualifying Medical Conditions

There are two groups of medical conditions that are approved for the use the therapeutic cannabis.

Group I

• Glaucoma

• Cancer

• HIV positive

• Hepatitis C (currently undergoing antiviral treatment)

• Acquired immune deficiency syndrome (AIDS)

• Muscular dystrophy

• Amyotrophic lateral sclerosis

• Crohn's disease

• Chronic pancreatitis

• Multiple sclerosis

• Spinal cord disease or injury

• Traumatic brain injury

• Epilepsy

• Lupus

• Alzheimer's disease

• Parkinson's disease

• Any other disease or injury that interferes with the patient's daily activities, as attested and documented by a provider

Group II - A terminal or debilitating medical condition or its treatment that has resulted at least one of the following

• cachexia

• elevated intraocular pressure

• chemotherapy-induced anorexia

• agitation of Alzheimer's disease

• wasting syndrome

• surgery or other treatment options that resulted to serious side effects

• severe pain that has not responded to prescribed medication

• constant or severe nausea

• severe, persistent muscle spasms

• moderate to severe vomiting, seizures

Recreational Marijuana Law

On January 9, 2018, New Hampshire passed House Bill 656, which permits the limited recreational use of cannabis products. Adults 21 years of age or older may possess up to three-quarters of an ounce of marijuana. The cultivation of up to six household plants, three of which can be mature, is also allowed under House Bill 656.

Limitations

• A registered and qualified patient may use marijuana on a privately-owned property that only the owner permitted him. The same may use cannabis on a leased property if the tenant allows and if it is not in violation of the lease contract.

• Nothing in this law permits a person under the influence of cannabis to operate any motor vehicle, aircraft, boat or any other motorized vehicle; or handle dangerous instruments and operate heavy machinery without a written permission of the employer.

• Smoking or vaporization of marijuana in public places such as public transport, parks, beach or field.

• Possession and use of cannabis in building and on grounds of preschool, elementary and elementary schools; and in designated drug free zone or place of employment without the consent of the employer.

• Use and possession of cannabis in correctional facilities, youth centers or recreation centers, and law enforcement facilities, are prohibited.

• Medical assistance programs and health insurance providers are not obliged to reimburse claims for the use of medical marijuana. No provisions are to be made by any place of employment, and penal institutions to accommodate the use and possession of cannabis.

• Medical Marijuana law does not limit an employer's right to sanction an employee using medical marijuana during working hours at the workplace.

Effects on Workplace Drug Testing

The state of New Hampshire has no drug testing laws and regulations. This means that an employer could or would not require potential employees to undergo pre-employment drug testing.

Under federal law, government employees are mandated to undergo drug testing; so are professionals with high risk jobs such as airline pilots, heavy machinery operators, school bus drivers and such. Drug testing in the workplace is not affected by House Bill 573.

Sources

https://www.mpp.org/?s=NEw+Hampshire

http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881#NH

http://www.nolo.com/legal-encyclopedia/drug-testing-new-hampshire.html

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Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm BioSciences Inc. DBA TestCountry.