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Drugs, Alcohol and Smoking: New Mexico

Drugs, Alcohol and Smoking requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: XpertHR Editorial Team


  • New Mexico employers may implement drug-free workplace policies and require employees to disclose prescription drugs. See Drugs and Alcohol.
  • New Mexico employers may prohibit cannabis (marijuana) use in the workplace even though medical and recreational use of cannabis is legal in the state. See Cannabis.
  • Employers may implement and enforce policies that prohibit the use, sale, possession, distribution, purchase and cultivation of drugs and alcohol in the workplace. See Drug and Alcohol Policies.
  • Employers in New Mexico are not prohibited from conducting drug and alcohol testing of employees and job applicants. See Drug and Alcohol Testing.
  • The Dee Johnson Clean Indoor Air Act prohibits smoking, including the use of e-cigarettes, in indoor workplaces. See Smoking.
  • Employers must post "No Smoking" or "Smoking Permitted" signs as applicable. See Postings.
  • Employers are required to have a written smoking policy. See Smoking Policies.
  • Albuquerque has requirements pertaining to smoking. See Local Requirements.