New Hampshire Drug Testing Locations and Laws

Last updated : November 18, 2024

We have thousands of New Hampshire drug testing locations. However, you realize USA Mobile Drug Testing will come to you, right? Just let us know when and where. We’ve got you covered from there.

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New Hampshire drug testing locations

Don’t worry if your city isn’t listed. Just call 800-851-2021. We’ll be happy to assist you in finding a location nearby. However—and we’re sure to mention it during the conversation—you might decide to have us come to you instead.

That’s right. You’ll never have to search for “drug testing near me” again! We’ll send a mobile collection specialist to your location, anywhere throughout the state— 24/7/365.

Employees on the job site? We’ll find them.

Night shift coming due for the annual fitness-for-duty drug test? Why not have us show up during their shift rather than interrupting their sleep schedule to report for testing during normal business hours? The phrase “drug testing near me” takes on an entirely new meaning when the test rolls right up to your location, doesn’t it?

We offer employee education classes, management training, and DOT services. We can also create your company’s drug-free program. We’ll even customize your policies to specifically meet the needs of your business.

New Hampshire drug testing laws

A drug test is a technical analysis of a biological specimen such as urine, hair, blood, breath, finger nail and oral fluid/saliva. The common procedure for a drug test is to have a donor provide a specimen to a drug testing collection specialist, complete a chain of custody form and then the collector will send by currier the specimen to a laboratory for analysis and a determination if the specimen is negative or positive.

Although there many laboratories in the United States which provide drug testing analysis, it is recommended that only a laboratory that is SAMHSA Certified is to be used when determining a drug testing result.

The capital of New Hampshire is Concord and the largest city in the State is Manchester. New Hampshire has a population of approximately 1.326,000 residents and New Hampshire became a State on June 21st 1788. The costs of an employee’s medical examination required by the employer as a condition of employment shall not be made at the expense of the employee but rather shall be paid for by the employer.

As per the Model Drug Dealer Liability Act, an employer may bring an action for economic and non-economic damages, caused by an employee’s use of an illegal drug, against the person convicted of participating in the distribution of the illegal drug used by the employee.

Persons who were discharged from employment due to intoxication or use of controlled drugs are disqualified from receiving unemployment benefits. With regards to workers’ compensation in cases of work related injuries, the employer will not be liable if the proximate cause of the injury is due to intoxication or by willful misconduct of the worker. However, if the employer has knowledge of the employee’s intoxication, the provision is no longer applicable. Intoxication as used in this context includes being under the influence of a controlled drug taken without proper prescription or not in accordance to the instructions of the drug.

Have you been asked by a prospective employer or current employer in New Hampshire to undergo drug testing? Note that Federal law does not require or prohibit drug testing but it is required in employment relating to aviation, transportation, contractors with the Department of Defense and NASA. Generally, it is the local and state laws that dictate whether an employer has the right to test prospective employees and employees for drug use.

New Hampshire has not passed any drug testing laws. This means that New Hampshire drug testing for employees is not required but employers have the option to require their employees to undergo New Hampshire drug testing but pay the cost of the tests.

New Hampshire drug test discrimination law

The state of New Hampshire excludes employee discrimination based on disability where the term applies to mental or physical impairment that affects and limits a person’s activities. Under the ADA (Americans with Disabilities), an applicant or employee taking prescribed medication for his disability is not liable for a positive result on his drug test. This is true even if the substance is deemed illegal, as long as the medication was legitimately prescribed by a medical doctor. An applicant or employee turned down due to a positive New Hampshire drug test because of his disability has grounds for legal action against the employer.

Under the American with Disabilities, alcohol dependency is a disability but drug dependency is not. Under the New Hampshire drug testing laws, employers are not required to provide their employees with substance abuse assistance or placement in a rehabilitation program.

Discrimination applies to any employer who requires a particular group of employees, i.e. gender, age, race and creed, to undergo New Hampshire drug testing. An employer violates employee invasions of privacy if an applicant or employee is made to commit an indecent act in order to undergo drug testing in New Hampshire. If an employer knowingly announces a false positive drug result of an employee, he is liable for defamation. Under the ADA, the above stipulations apply to businesses with 15 and more employees.

New Hampshire drug testing employer’s rights

Under the Model Drug Dealer Liability Act, an employer could take non-economic or economic action against the person involved in the distribution of the illegal substance used by the employee. An employer is not required to provide unemployment benefits to an employee discharged from his job due to substance abuse. In the event of a work-related injury, the employer is not required to pay the employee’s compensation if he is found under the influence of prohibited drugs but not when the employer knows that the said employee is using illegal drugs. This does not apply though to employees under the legitimate prescription of controlled drugs.

Effects on workplace drug testing

The state of New Hampshire has no drug testing laws or regulations. This means that an employer could or would not require potential employees to undergo pre-employment drug testing.

Under federal law, government employees are mandated to undergo drug testing; so are professionals with high-risk jobs such as airline pilots, heavy machinery operators, school bus drivers, and such. Drug testing in the workplace is not affected by House Bill 573.

Legal claims for drug testing

Because New Hampshire law doesn’t put any limits on workplace drug testing, employees who believe their test were illegal will have to rely on other legal theories. For example, an employer may run into legal trouble based on who is tested or how the test is conducted. Here are some examples:

Disability discrimination: The Americans with Disabilities Act (ACA) protects an applicant or employee who is taking medication for a disability. Some prescribed medications can result in a positive result on a drug test, 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 (unless the drug is medical marijuana).

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 has a legitimate reason 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, depending on the circumstances.

Defamation: An employee might have a valid claim for defamation if the employer publicizes a false positive result if the employer acts in bad faith and knows (or should have known) that the result was incorrect.

Marijuana laws

Even though medical marijuana was legalized in New Hampshire in 2013, there are no limits on employers. As a matter of fact, the law specifically states that there is no need to accommodate use at work. Medical marijuana patients may have up to two ounces in their possession during any 10-day period.

Limitations

A registered and qualified patient may use marijuana on a privately owned property that only the owner permits him. The same may use cannabis on a leased property if the tenant allows it and if it is not in violation of the lease contract.

Nothing in this law permits a person under the influence of cannabis to operate any motor vehicle, aircraft, boat, or any other motorized vehicle; or handle dangerous instruments and operate heavy machinery without the written permission of the employer.
Smoking or vaporization of marijuana in public places such as public transport, parks, beaches, or fields.
Possession and use of cannabis in buildings and on grounds of preschool, elementary, and elementary schools; and in designated drug-free zones or places of employment without the consent of the employer.
Use and possession of cannabis in correctional facilities, youth centers or recreation centers, and law enforcement facilities, are prohibited.
Medical assistance programs and health insurance providers are not obliged to reimburse claims for the use of medical marijuana. No provisions are to be made by any place of employment, and penal institutions to accommodate the use and possession of cannabis.
Medical Marijuana law does not limit an employer’s right to sanction an employee using medical marijuana during working hours at the workplace.

Recreational use of the drug is not legal, however, being found in possession of small amounts has been decriminalized. There is a fine of $100 for having less than three-quarters of an ounce. There are higher penalties for larger amounts.

Testing methods

Blood testing is rarely used for employee drug testing due to its expense and highly invasive nature. Blood tests detect the parent drug rather than drug metabolites. Therefore, the detection window is mere hours for nearly all drugs. However, methamphetamines remain in the blood for one to three days.

The test must be administered in a medical setting by trained medical personnel. It’s often reserved for post-accident testing when determining

There are three primary test methods used for employee drug testing. They are urine, mouth swab, or hair follicle drug tests. Nebraska has no restraints on the testing method used to obtain your drug-free workplace.

Urine drug test

The urine drug test tops the charts as the most used employee drug testing method. As a matter of fact, it was the only drug testing method available for many years. However, over the years, drug users became more capable of finding successful ways to adulterate this test. Scientists invented both the mouth swab test and the hair follicle test in an attempt to combat that problem.

Today, urine tests have become extremely effective at detecting drugs and adulterants or other attempts to falsify these tests. Drug users still try, however, and discover the hard way that shouldn’t have been their chosen course of action.

The identification period is drug-specific and varies from mere hours up to three weeks or so. Marijuana is the exception to the rule as chronic users can test positive for THC for over thirty days.

These tests are cost-effective and produce accurate results. If the immunoassay (IA) test shows a positive result, the sample is sent for confirmation testing using the gas chromatography/mass spectrometry (GC/MC) test. This test also specifies the drug(s) and drug level(s).

Results return in less than a week.

Mouth swab test

This method also goes by the names of saliva or oral fluid tests. It’s in the midrange in regard to the cost being more expensive than the urine test but less expensive than a hair test.

The mouth swab test detects recent and even current impairment for some drugs. The window of detection is the shortest of the three primary methods, however, only lasting up to seventy-two hours depending on the drug. For instance, marijuana is only detected on this test for about twenty-four hours no matter how often the drug is ingested.

Mouth swab testing technology is becoming more and more sophisticated and the results are extremely accurate. Consequently, it’s virtually impossible to switch the specimen as the test subject never leaves the testing technician’s sight. Moreover, attempts to falsify the test using mouthwashes or other adulterants claiming to mask or “detoxify” the drug metabolites in the body are false. The body is constantly producing saliva and it will be collected by the mouth swab.

At the lab, the mouth swab samples undergo an IA test and those yielding positive results go on for the GC/MS test for confirmation. The second test also determines the drug type and level found in the system.

Employers receive the results in a couple of days.

Hair follicle testing

Currently, the use of the hair follicle drug test is restricted in Montana.

The hair follicle test is unique in that it identifies any and all drug use for a 90-day period. It’s more expensive than either the urine or saliva drug tests. However, the extended detection period outweighs the cost in the eyes of many. In fact, some employers in the trucking industry require their employees to submit to both the DOT drug test and the hair follicle test. They choose to incur the added expense of additional drug testing to have access to the extended detection period.

In addition, the hair follicle test is impossible to falsify. Drug metabolites store themselves throughout the body until excreted. Those that stow away in the hair follicle, actually grow out into the hair shaft becoming a part of the hair. Moreover, there’s no way to rid the hair of them or to cover them with a substance that will hide them from the test.

We determine the 90-day detection period by hair length. Human hair grows at the rate of about 1/2 inch per month. The standard test length for the hair follicle test is one and one-half inches. Thus, one and one-half inches equals ninety days. However, laboratories honor requests to extend the detection window even further by increasing the length of hair tested.

It won’t be much longer before the DOT drug test changes from the urine test to the hair follicle test. The request is currently making its way through the chain of command and isn’t expected to meet with resistance at any point along the way.

Comparatively, it takes about a week to receive results.

Drugs detected

The standard 5 panel employee drug test is widely used by employers of the general workforce. As its name implies, it accurately detects five commonly abused drugs in the workplace. The drugs identified on the test typically include amphetamines, cocaine, opiates, marijuana, and PCP.

However, some employers choose to use a more extensive test and look to the 9, 10, or 12 panel drug tests. USA Mobile Drug Testing offers these test panels, however, we don’t limit employers to the drug panels we place on them. Employers are free to swap a drug on the test panel for another, can add additional drugs to the test panel they’ve chosen, or even create their own unique drug screen panel.

Moreover, we have the capability to test for all manner of drugs, including “specialty” drugs such as bath salts, K2, steroids, or synthetic opioids.

Some specific drug identification periods

We’ve mentioned that the specific length of drug detection varies, with the exception of the hair follicle test. Some examples of detection periods follow:

Amphetamines and methamphetamines are detected on the urine test for two or three days, but habitual use may show up for four days. The saliva test identifies amphetamines for twenty-four to forty-eight hours.
Barbiturates remain detectable in urine for up to three weeks and in the saliva for up to three days.
Benzodiazepines show up in urine tests for up to ten days and in the saliva for about two and a half days.
Cocaine is traceable in urine tests for up to three days and in the saliva for up to two days.
It takes a couple of hours for ecstasy to show up in a urine test and it can be identified between one and three days thereafter. Saliva tests pick up on ecstasy in as little as 15 minutes after taking the drug. It remains traceable for one or two days.
Synthetic opioids, such as oxycodone, hydrocodone, and hydromorphone, are identifiable in urine between two to four days. Saliva tests vary a bit more ranging from up to 12 to 48 hours depending on the frequency of use.
Methaqualone detection lasts up to three days when using a urine drug test. The saliva test detects this drug for at least one day, however, if used frequently it shows up for a longer period of time.

DOT information

The DOT (Department of Transportation) was created to regulate the safety-sensitive workforce through the following administrations.

Federal Motor Carrier Safety Administration
Federal Railroad Administration
Federal Aviation Administration
Federal Transit Administration
Pipeline and Hazardous Materials Safety Administration
United States Coast Guard

The goal of the DOT is to ensure the safety of the general public as they travel by land, air, or sea. One of the regulations includes safety-sensitive employee drug testing. Employers regulated by the DOT implement the following employee drug tests:

The DOT mandates the use of the urine drug test that includes a specific drug panel. However, it approved the oral fluid drug test for use as soon as there are two SAMHSA-certified laboratories to analyze oral fluid specimens. That’s expected to happen by early 2024 at the latest.

DOT drug test

The DOT drug test requires employers to test for five of the most commonly abused drugs in the workplace. They are amphetamines, opiates, cocaine, marijuana, and PCP (phencyclidine). However, in a direct attempt to combat the growing opiate addiction crisis plaguing our nation, they added four semi-synthetic opioids to the test panel in January 2018.

Hydrocodone, hydromorphone, oxycodone, and oxymorphone are highly addictive pain medications. Heavily prescribed by physicians for years, these drugs are highly addictive. Sadly, many who found themselves craving the drugs when they were no longer prescribed the medication turned to the black market. Or, perhaps, in an attempt to feed the addiction when their drug of choice became too costly, they turned to heroin use instead.

The DOT has long considered switching from the urine drug test to the hair follicle drug test. We previously stated that the official request is currently making its way through the chain of command. Many expect it to complete the process in the near future. In the meantime, the oral fluid test has been approved for use as soon as there are two SAMHSA-certified laboratories available to process the tests.

FMCSA Drug and Alcohol Clearinghouse

The FMCSA Clearinghouse has been up and running for over three years now. It tracks safety-sensitive employees that have outstanding drug or alcohol violations. Employers no longer need to conduct manual inquiries with previous employers in addition to the Clearinghouse query. Only Clearinghouse queries are necessary.

Now, it’s virtually impossible for drivers with violations to obtain a job with a new employer by simply not listing the employer they worked for when receiving the violation. Furthermore, less-than-honest drivers with drug or alcohol violations can no longer pick up and move to another state to apply for a new CDL. The Clearinghouse links the driver to his old CDL, thereby, maintaining complete and accurate information.

Drivers from Canada and Mexico who transport goods in the U.S. must be listed in the database as well.

Once a driver successfully completes their return to duty process, they will be allowed to operate a commercial motor vehicle again. However, records of drug and alcohol violations will remain on file in the Clearinghouse for five years or longer if the driver hasn’t yet completed the return to duty process.

Frequently Asked Questions

Will I lose my job if I refuse the random drug test at work?

If your employer has over 50 employees and does random drug tests, you’re supposed to take the test if your name comes up. Consequently, if you refuse, your employer has the right to follow the drug testing protocol set in place.

I’m an owner-operator, so it’s just me. Do I have to register for the Clearinghouse and submit a query on myself?

Yes, you have to be accounted for in the database. Your C/TPA (consortium/third-party administrator) can conduct your queries on your behalf. If there should be a drug or alcohol violation, the C/TPA is responsible for reporting to the Clearinghouse.

So, do I have a right to see what the Clearinghouse says about me?

Yes. Drivers can access the database free of charge at any time. Head over to the website to get signed up.

Medical marijuana is legal. I’ve got Crohn’s disease and have medical authorization to use it. What happens if I pop positive on the test though?

Employers hold the right to make that decision. What’s your company’s drug policy say about marijuana? If they don’t stipulate allowing for medical conditions, they have no choice but to follow company policy. In most cases, employees are terminated.

Does everybody drug test now?

No. Not all employers test for drug use. But the majority do because maintaining a drug-free workplace is a way to ensure a safe work environment.

How long are drugs detected in my system?

It depends on the testing method your employer uses. The hair follicle test yields result for 90 days, up to 30 for the urine test, and the mouth swab test up to 72 hours. Detection times vary depending on the drug for urine and mouth swab. But the hair test shows all drug use for 90 days.

I heard there is a breathalyzer for marijuana now. Is that true?

Several companies are in the testing phases. A THC-detecting breathalyzer will be a benefit to law enforcement and employers in states that are legalizing marijuana. This will enable them to know whether or not a person is currently impaired

If I drink lots of water before my urine test, will it come back negative?

If your urine is exceptionally diluted, it will probably come back with an inconclusive result.

I have a shy bladder, and I know this drug test is not going to “go” well. What do I do?

Lots of people have this problem. Talk to your HR department. There may be another method in place for situations like yours. If not, they may work with you to reach a solution, i.e., making a change in that protocol! Good luck!

My doctor prescribed my pain medication. Can he write me something that will be accepted by my employer if I get pulled for a random?

Nope. Drug-free is drug-free. If you are taking medication and a drug test pops positive, your employer will follow the company procedures set in place.