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New Hampshire drug testing laws for employers
New Hampshire has no general drug testing law for private employers. Adult-use cannabis is still not legal; the 2026 legalization bill was tabled in the Senate. The medical cannabis law gives patients no job protection and lets employers discipline for use or impairment at work.
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The state law
- We found no New Hampshire statute that sets drug testing rules for private employers (no statute found).
Testing applicants
- We found no state law that limits applicant drug testing by private employers (no statute found).
Random testing
- We found no state law that limits random testing by private employers (no statute found).
Marijuana (medical only)
- The medical cannabis law does not require you to allow therapeutic cannabis use on your premises, and you may discipline an employee for using cannabis at work or working under its influence (RSA 126-X:3, III(c)).
- The medical law does not protect a patient who has cannabis, or is under its influence, at work without the employer's written permission (RSA 126-X:3, II(a)(2), II(d)(2)).
- We found no state law that protects medical cannabis patients from being refused a job or fired for a positive test (no statute found).
- The 2026 adult-use legalization bill, HB 186, was laid on the table in the Senate on March 5, 2026, and did not become law (HB 186 bill status, 2026).
Common questions
Is drug testing legal for employers in New Hampshire?
New Hampshire has no general drug testing law for private employers. Adult-use cannabis is still not legal; the 2026 legalization bill was tabled in the Senate. The medical cannabis law gives patients no job protection and lets employers discipline for use or impairment at work.
Can employers in New Hampshire test applicants before hiring?
We found no state law that limits applicant drug testing by private employers (no statute found).
Is random drug testing allowed in New Hampshire?
We found no state law that limits random testing by private employers (no statute found).
Can a New Hampshire employer act on a positive marijuana test?
The medical cannabis law does not require you to allow therapeutic cannabis use on your premises, and you may discipline an employee for using cannabis at work or working under its influence (RSA 126-X:3, III(c)).
Some rules for New Hampshire weren't confirmed from an official source. Check with the state before relying on this page.
Sources
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.