New Mexico Memo to All Employees Regarding Drug Testing
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FAQ
In 2019, lawmakers approved a bill allowing medical cannabis access for individuals serving a period of probation or parole or who is in the custody or under the supervision of the state or a local government pending trial as part of a community supervision program. The state Corrections Department subsequently
Marijuana is only legal for medical use in New Mexico. At least 613 people who don't live in the state have enrolled in the medical pot program since the residency requirement was dropped last year.
Applicable Alcohol and Drug Testing All Covered Workers may be required to participate in reasonable suspicion testing when a supervisor or designated substance abuse coordinator determines that reasonable suspicion exists to suggest that Covered Worker is under the influence of alcohol or drugs while on the job.
New Mexico does not have a drug testing statute; however, in workers' compensation denial cases employers must demonstrate compliance with the DOT drug and alcohol testing regulations.
Pre-Employment TestingCalifornia law allows an employer to require a "suspicionless" drug test as a condition of employment after a job offer is tendered but before the employee begins working.
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.
New Mexico Alcohol and Drugs: What you need to know Some states have comprehensive laws that regulate or prohibit drug testing in private sector workplaces, but New Mexico does not have such a law. New Mexico employers are, therefore, free to implement all types of drug-testing programs at their own discretion.
In most situations, New Mexico employers are now prohibited from refusing to hire, discharging or taking any adverse action against a job applicant or employee solely on the basis of the individual having a prescription for and/or using medical marijuana.
Employees who are not subject to the drug testing program (not performing safety sensitive duties) are still not allowed to be under the influence of drugs or alcohol while performing work for UNM- whether it be on a UNM campus, a designated UNM work location, property or while working remotely.
