New Mexico Drug Laws

We are going to explore two aspects of New Mexico drug laws and the information necessary to learn how to pass a drug test in New Mexico.

Learning The Basics Of New Mexico Drug Laws.  

First, we are not attorneys and can not provide specific advice on the New Mexico 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 Mexico drug laws.

Second, for those of you who are concerned with those New Mexico Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in New Mexico.

 

There Are Four Major Drug Tests Given In New Mexico.

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 Mexico.

Urine Drug Test Information.The Urine Drug Test is the most pop­u­lar, the least com­pli­cated and is by far the eas­i­est to beat.

Hair Drug Test Information.The Hair Drug Test can use any hair on your body, detect usage for at 90+ days and is the hard­est to beat.
Saliva Mouth Drug Test Information.The Saliva Drug Test can be given anywhere, is hard to beat and always requires a detox prod­uct to pass.
The Best Blood Drug Test Information.The Blood Drug Test is rare, has a short drug detec­tion time but is often given with a urine test.

 
 

New Mexico Drug Laws For Employees.

How To Pass A Drug Test Under New Mexico Drug Laws.New Mexico law does not prohibit or restrict drug testing in private employment.  Many states have passed laws regulating or restricting an employer’s right to require drug testing. However, New Mexico is not one of them. The state of New Mexico has no law addressing drug testing in private employment. This means that drug testing is not prohibited or restricted, unless it violates other legal provisions (such as a law prohibiting discrimination; see below).

Legal Claims Arising From Drug Testing.

Have you been illegally asked or required to take a drug test in New Mexico ?  Even though New Mexico 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.

Learn To Pass A Drug Test With Always Test Clean.

Here are some examples:

  • Violation of New Mexico Drug Laws And Procedures.  Although an employer has the legal right to test, it must follow the state’s requirements.  An New Mexico 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 Mexico Drug Laws.

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
Testing Bullet Points:
  • 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.

    ATC Depot Has The Solutions For Passing A Drug Test Under New Mexico  Drug Laws.

  • 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.
 

The New Mexico Drug Law For Marijuana Possession.

The Vast Majority Of Drug Test Failures in New Mexico Are For Breaking New Mexico  Drug Laws For Marijuana, Not Federal Or Local Laws.

Federal And New Mexico Drug Test Laws On Marijuana.

New Mexico Drug Laws On Marijuana.

New Mexico 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 Mexico 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 Mexico 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 Mexico 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 Mexico Drug Test Laws.

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.

 

Overview Of New Mexico Drug Test Laws.

This Is But One Step In Learning To Pass A Drug Test.  For more information see How To Pass A Drug Test.

  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.