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A New Law In Nevada Prohibits Employers From Testing For Marijuana

A New Law In Nevada Prohibits Employers From Testing For Marijuana

Last updated on October 2nd, 2020 at 04:59 pm

Governor Sisolak signed Assembly Bill 132 on June 5, 2019. What does that mean? Well, it is the first state-wide ban on pre-employment drug testing for marijuana. Basically, AB132 is an amendment to Chapter 613 – Employment Practices. It includes a new section in the document that prohibits, with several exceptions, employers from denying an employment opportunity to a qualified candidate due to a drug screening test coming back positive for marijuana.

Nevada is one of a handful of states that have legalized cannabis. Persons are not allowed to smoke the substance in public, but adults 21 years of age or older can possess up to one ounce. Individuals must use the product on their own private property. Back to the topic at hand, as mentioned above, there are some exceptions to the rule though. The drug screening provisions do not apply to candidates applying for jobs as firefighters, emergency medical technicians, or workers that are required to operate motor vehicles. Also, the rule does not apply to those that must pass a drug screening test according to federal or state law. 

Assembly Bill 132 Goes Into Effect On January 1, 2020

While the Silver State is the first one to take legislative actions on marijuana topics, more places are sure to follow. In fact, New York City will prevent business owners from screening for cannabis on May 10, 2020. Additionally, Washington D.C. employers are waiting until after a job offer has been formally made before performing a drug screening test looking for marijuana and other substances. With more and more society members becoming accepting of medical and recreational marijuana use, these drug examinations are likely to become lax everywhere, especially when it comes to cannabis. 

It Is Recommended That Employers Review Their Policies And Procedures Thoroughly

Business owners are urged to look over their drug screening policies to ensure that they comply with the new law. After all, the last thing they want is to get into legal trouble by violating the rules. It is vital for employers to stay on top of the regularly changing landscape of employee drug testing. So, review the laws, and if there is something that you do not quite understand, don’t hesitate to have a consultation with a lawyer. The professional will be able to tell you whether your company is headed in the right direction or not.