New Hampshire Drug Laws
We are going to explore two aspects of New Hampshire drug laws and the information necessary to learn how to pass a drug test in New Hampshire.
Learning The Basics Of New Hampshire Drug Laws.
First, we are not attorneys and can not provide specific advice on the New Hampshire Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local New Hampshire drug laws.
Second, for those of you who are concerned with those New Hampshire Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in New Hampshire.
There Are Four Major Drug Tests Given In New Hampshire.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in New Hampshire.
New Hampshire Drug Laws For Employees.
New Hampshire does not have a law addressing drug testing in private employment. Although many states have passed laws regulating or restricting an employer’s right to require drug testing, New Hampshire is not one of them. Nevada has no law addressing whether and under what circumstances employees in private industry can be required to take a drug test. This means that drug testing is not prohibited or restricted, unless it violates other legal provisions (such as a law prohibiting discrimination; see below). However, an employer that requires drug testing must pay the cost of the tests.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in New Hampshire? Even though New Hampshire Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of New Hampshire Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An New Hampshire employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of New Hampshire Drug Laws.
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The New Hampshire Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in New Hampshire Are For Breaking New Hampshire Drug Laws For Marijuana, Not Federal Or Local Laws.
New Hampshire drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in New Hampshire behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in New Hampshire using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. New Hampshire is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of New Hampshire Drug Test Laws.
- A Brief Overview – The state of New Hampshire is considered an open state and is therefore not considered an active state in terms of mandatory medical tests. There is no law which directly addresses or limits workplace testing. Hence, these tests are based on the whole and sole discretion of the employer.
- A Policy In Place – The state of New Hampshire clearly states that there is no written policy when it comes to assessing the need for a drug or alcohol test. On the other hand, when it comes to assessing the workers compensation/ benefits, the need for a written policy is considered mandatory in the state of New Hampshire.
- Notices And Costs – Whenever an employer decides to get his employees tested for a possible drug or alcohol test, he/she intimates them of the same well in advance. Nonetheless, in the state of New Hampshire, there is no such rule in place and hence there is no time limit attached to a possible intimation. Likewise, the costs could either be bourn by the employer or the employee.
- Who All Are Eligible For The Test – Once again, there is confusion as to who all are eligible for the tests and who are not, as there is no rule in New Hampshire which makes drug testing mandatory for a particular section of the society. Nonetheless, employees who are engaged in constructions work or are involved in professions which are considered hazardous in nature require a drug test for sure.
- The Consequences For A Drug Failure – Owing to a lack of clear cut law in the state of New Hampshire, it has been noticed that if an employee is found guilty of a drug test, he/she may or may not get persecuted for the same. The punishment is solely dependent on the discretion of the employer.
- When To Conduct A Drug Test – There is no hard and fast rule which states that a drug or alcohol test needs to be held in a particular month or year and if you as an employer, feel the need to get your employees tested for a possible drug abuse, you need to do so in accordance to your personal decisions.
- Where To Conduct The Drug Tests – Drug related tests, which also include alcohol tests, need to be conducted on a random basis and are generally confined to clinics, hospitals and laboratories which have been certified by the local government. In the state of New Hampshire, you can conduct work related tests in any center.
- What Is The Eligibility Criteria – To be very honest, there is no eligibility criterion to appear for a drug or alcohol related tests and it can be arranged through the means of the employer.
- How To Conduct The Test – As there are no specific laws which govern the overall testing procedure, employers can follow the basic rules and regulations and conduct the tests accordingly.
- Workman’s Compensation And Drug Abuse – In case a worker is found guilty of drug abuse, he/she may not be considered eligible for a workman’s compensation. This can only be decided by the employee.