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Marijuana Legalization by State.
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Our intent is to make New Hampshire drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in New Hampshire.
New Hampshire is a “Open” state, which means there are no state statutes, regulations or known court decisions that would limit your choices for implementing a drug or alcohol testing program or any aspect of it. Testing is your choice, butthere may be federal rules to consider.
This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing for alcohol and drugs in this state.
This state has no known statutes restricting workplace drug or alcohol testing, and there are no known regulation limits workplace drug or alcohol testing. Since there are no known state statutes, regulations, or court decisions, you may be free, within the limits of applicable federal rules, to draft any policy you wish and to implement whatever testing program makes business sense to you. It is advisable to conduct testing according to the accepted standards of practice in the drug testing industry. There are approximately forty years of testing experience in this country to assist you in that effort.
HB 573-FN signed by the Governor July 23, 2013. An employer does not need to accommodate an employee who is a qualified medical marijuana user. Any accommodation of the therapeutic use of cannabis on the property or premises of any place of employment or on the property or premises of any residential care facility, nursing home, hospital, or hospice house, jail, correctional facility, or other type of penal institution where prisoners reside or persons under arrest are detained. This chapter shall in no way limit an employer's ability to discipline an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis.
Q1. Can I do a random testing for my employees in New Hampshire? Yes:
No known limitations at this time for drug and alcohol testing in New Hampshire.
Answer is “Yes”
This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.
All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.
Medical Use: Governor Hassan signed HB 573-FN (Ch. 126-X:1 to 11) on July 23, 2013, establishing the "Therapeutic Use of Cannabis Program." The law does not restrict employer action. Employers are not required to accommodate the use of medical marijuana on the employer premises. Employers may discipline employees for using marijuana in the workplace or being under the influence of marijuana during working hours.
Personal Use: There are several efforts underway to pass legislation permitting the personal use of marijuana.
For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.
No known court cases at this time.