Nevada - 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.

Employer Concerns – Significant to Review

  • Medical needs of an employee who engages in medical use of marijuana to be accommodated by the employer, except for certain positions and unless to do so would endanger others’ safety.
  • (NRS 453A.800 ) “Except as otherwise provided … an employer is required to modify the job or working conditions of a person who engages in the medical use of marijuana that are based upon the reasonable business purposes of the employer but the employer must attempt to make reasonable accommodations for the medical needs of an employee who engages in the medical use of marijuana if the employee holds a valid registry identification card, provided that such reasonable accommodation would not hinder as per certain circumstances.”
  • Authorizes an employee to rebut the results of a screening test under certain circumstances. (AB 132) “If an employee tests positive for marijuana within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his or her own expense, to potentially rebut the results of the initial screening test which the employer must accept and give appropriate consideration to the results of the second test.” Not relevant under certain criteria (e.g., collective bargaining agreement, conflict with federal laws).
  • Nevada’s recreational marijuana law does not prohibit an employer from restricting or prohibiting marijuana use.
  • Within Nevada’s workers’ compensation and unemployment laws, there are drug testing requirements which are not mandatory, unless the employer wishes to deny a claim.

Testing

  • (AB 132) ““Screening test” means a test of a person’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.”
  • Must do GC/MS and/or confirmatory testing before adverse action taken.

Hiring/Termination

  • Prohibits the denial of employment because of the presence of marijuana in a screening test taken by a prospective employee with certain exceptions. (AB 132) “It is unlawful for any employer in this state to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.”
  • For refusal or attempt to falsify a test, employee may be subject to discipline or administrative action up to termination.

Discipline

  • Must do GC/MS and/or confirmatory testing before adverse action taken.
  • For refusal or attempt to falsify a test, employee may be subject to discipline or administrative action up to termination.
  • Employer may prohibit or restrict recreational use.

Use/Possession

  • Per recreational marijuana, smoking is permitted but not in public
  • Smoking must be done in private property.
  • No consumption in moving cars either by driver or passenger
    • DUI – 2 Nanograms (ng)/ml instead of 5 ng/ml

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)
  • (NRS 613.333) “It is an unlawful employment practice for an employer to:
    • (a) Fail or refuse to hire a prospective employee; or
    • (b) Discharge or otherwise discriminate against any employee concerning the employee’s compensation, terms, conditions or privileges of employment, because the employee engages in the lawful use in this state of any product outside the premises of the employer during the employee’s nonworking hours, if that use does not adversely affect the employee’s ability to perform his or her job or the safety of other employees.”
  • Within Nevada’s workers’ compensation and unemployment laws, there are drug testing requirements which are not mandatory, unless the employer wishes to deny a claim.
  • 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)
  • Nevada Revised Statute 453A – Medical marijuana
  • NRS 453D – Recreational marijuana
  • NRS 453A.800 – Medical marijuana related
  • AB 132 – Marijuana related
  • NRS 48-1903 – Drug test related
  • NRS 613.333 – Off duty use related
  • NRS 616C.230 – Workers’ compensation related
  • NRS 612.385 – Unemployment related
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).

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