State:	New Mexico
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
Pass Drug Testing Bulletpoints:	Owners and operators of commercial motor vehicles or commuter services are required by law to certify that they provide an in-house drug and alcohol testing program for persons seeking to be a commuter service driver. Alternatively the motor carrier service may be part of a consortium that provides a compliant drug and alcohol testing program. The validation of a medical review officer is a requirement for a positive test result as part of the mandatory drug and alcohol testing program of a commercial motor carrier. The State of New Mexico allows for the medical use of marijuana under the Lynn and Erin Compassionate Use Act. However, the law does not provide immunity from criminal prosecution for using cannabis while on duty or at the workplace. For purposes of compensation under the Workers’ Compensation Act, controlled substance testing performed on a claimant employee may be considered for claims cases only if it complies with federal Department of Transportation procedures for transportation workplace drug and alcohol testing programs. Furthermore, alcohol or drug tests are required to be conducted only by federal Department of Transportation certified testing laboratories. Workers’ compensation may be reduced by ten percent if intoxication or the use of drugs is only contributory to the injury or death. Otherwise, compensation is altogether prohibited for employees whose injury is solely due to the worker being under the influence of non-prescribed depressant, stimulant, hallucinogenic or narcotic drugs.

10 Things to Know To Pass A Drug Test In New Mexico

1) Legal Stand

New Mexico is an ‘open’ state. This means that there are no laws that direct organizations for or against the practice of drug testing. An employer may opt for any type of employee, any type of type of substance, agency to test for substance use and the action on positive testing.

2) Types of Drugs

The state of New Mexico does not define the specific drugs to be tested for nor does it provide protection against prosecution for any type of drug use.

3) Specific drug use

However, marijuana may be utilized for medical purposes under the guidance of a medical practitioner for managing debilitating conditions. At the same time, the law does not protect against criminal prosecution for the use of marijuana at work.

4) Written Policy

There is no law that requires a drug testing policy to be framed, but each organization should have a written policy to avoid inconsistency at a later date. The policy should define the company’s stand regarding substance abuse and continuing employment.

5) Costs Of Testing

The law does not specify who should bear the cost of medical or substance tests for gaining or continuing employment. Drug tests are expensive. It is advisable to clarify who bears the costs before agreeing for the tests.

6) Procedure For Proof Of Intoxication

An employee may be voluntarily intoxicated at the time of a workplace injury. Evidence of intoxication may be proved only by the legally permitted DOT procedure. This is the only permissible evidence when contesting a claim for compensation.

7) Notice

There is no legal requirement to put notices on the organization’s stand regarding substance abuse. An organization’s bid to take legal action for substance abuse is not hampered by the absence of a notice in the workplace.

8) Consequence Of Positive Testing

The organization may choose to give an employee another chance or ask that the person leave. The law does not specify the degree of punishment for substance abuse. The organization may choose to start legal proceedings against an employee for intoxication on work that endangered public lives. The decision on recourse in case of positive testing lies with the company.

9) Drugs To Be Tested For

The law does not detail out the drugs that should be tested for. Though the law allows the use of marijuana as a medicine, it does not protect the use of it at the workplace. The organization is expected to exercise discretion in choosing the substances to be tested for and their relevance to the job.

10) Who Will Be Tested?

The law does not define types of jobs that should be kept safe from the use of intoxicants. The consideration of the risk involved in different types of jobs and the types of workers who should be covered is left to the employer. The organizations are free to decide whether all or some employees are to be tested for substance abuse.

PASS A DRUG TEST IN NEW MEXICO