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New Mexico Drug Testing Compliance

Capital Santa Fe Population 2,081,015
Largest city Albuquerque
Area 121,589 sq mi
Criminal rate 70 crimes /10,000 people Time Zone UTC−8/−7 or −7/−6

New Mexico Employee Background Check Laws

New Mexico

Legal status for workplace drug screening and alcohol testing

Our intent is to make New Mexico drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in this state.

New Mexico 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, but there may be federal rules to consider.

This overview is to introduce you to the nature and history of New Mexico workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for New Mexico.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: Safety-sensitive only.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: No restrictions.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: Strongly encourage utilizing a certified laboratory for drug testing.
Q7: What types of specimens can we test for?
A: No restrictions
Q8: Are there restrictions for Alcohol Testing?
A: No restrictions.

Did you know?

Q1. Can I do a random testing for my employees in New Mexico?

Correct!

 

Answer is “Yes”

There are no current issues for any reasons for drug testing. However, keep in mind that it is advisable to have a company substance abuse testing policy that is clear and completely informs employees about your drug testing rules.

 

New Mexico Drug & Alcohol Testing Laws

This state has no known statutes restricting workplace drug or alcohol testing. 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.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Update: November 2017

Disclaimer

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.

New Mexico Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

New Mexico personal and medical use of marijuana.

Medical Use:  SB 523 signed by the Governor March 13, 2007. Effective Date: July 1, 2007.  The law only briefly mentions the workplace and only to limit qualified patient use. Prohibitions, restrictions and limitations on the medical use of cannabis; criminal penalties. Participation in a medical use of cannabis program by a qualified patient or primary caregiver does not relieve the qualified patient or primary caregiver. It is advisable to have a company substance abuse testing policy that is clear, and completely informs employees what the rules are for your workplace.

Personal Use: There is currently no personal use law in effect in New Mexico. However, there have been a number of recent efforts to pass such a law.

For more information regarding marijuana at work,  refer to Info Cubic’s Drug Screening compliance corner.

Update: November 2017

Disclaimer

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.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases. However, there are currently two cases that have been filed and are awaiting adjudication.

N/A

N/A

N/A

Update: November 2017

TO PAGETOP