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Nebraska - Considerations for Marijuana in the Workplace

Medical
Marijuana Law:

Recreational
Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

*Marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.

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Employer Concerns – Significant to Review

  • No form of marijuana is legal. Both medical and recreational marijuana are illegal in Nebraska.
  • Possession of marijuana is illegal in Nebraska.
  • Although Nebraska has a mandatory drug testing law with several specifics, it is very open and has the intent of (Nebraska Revised Code 48-1901) “… helping in the treatment and elimination of drug and alcohol use and abuse in the workplace while protecting the employee’s rights.”
  • Per Nebraska’s drug testing law, it is unlawful to assist or attempt to tamper with the collection process and is (Neb. Rev. Stat. 48-1908) “…unlawful to provide, acquire or use body fluids for the purpose of altering the results” of any drug test. These are a Class I misdemeanor
  • An employer can discipline, up to and including termination, based on drug test results, refusing to test, or assisting or attempting to cheat a drug test

Testing

  • See Significant above.

Hiring/Termination

  • An employer can discipline, up to and including termination, based on drug test results, refusing to test, or assisting or attempting to cheat a drug test.

Discipline

  • An employer can discipline, up to and including termination, based on drug test results, refusing to test, or assisting or attempting to cheat a drug test.
  • See Significant above.

Use/Possession

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)
  • It is illegal for an individual to drive or be in physical control of a vehicle while under the influence of marijuana or any other drug.
  • Although Nebraska has a mandatory drug testing law with several specifics, it is very open and has the intent of (Nebraska Revised Code 48-1901) “… helping in the treatment and elimination of drug and alcohol use and abuse in the workplace while protecting the employee’s rights.”
  • A denial of an unemployment claim can be based on misconduct, including being under the influence of marijuana.
  • If an employee is injured due to his or her intoxication, workers’ compensation benefits will be denied. A case decision found that proving the employee was intoxicated is the burden of the employer.
  • Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

Sources

(e.g., Bill Number, Authority)
Disclaimer

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

Caution

Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

Other States Marijuana Considerations

Alabama
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