Nevada State Drug Testing Laws

Medical
Marijuana Law:

Recreational
Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

Employer Concerns – Significant to Review

  • Caution: Employer cannot refuse to hire a prospective employee who tests positive for marijuana. Exceptions for law enforcement, fire and EMT personnel, and employer designated safety-sensitive positions. Cannot refuse to hire if applicant refuses to take test for marijuana. Can test incumbent employees—if within 30 days of hire, employee has right to another drug test (at employee’s expense) and employer must consider results of second test in taking any adverse action.
  • Medical needs of employee who engages in medical use of marijuana is to be accommodated by employer other than law enforcement agency, and certain circumstances.
  • (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).

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.
  • Smoking must be done on private property.
  • No consumption in moving cars – either driver or passenger
    • DUI – 2 Nanograms/ML instead of 5 ng/ml

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)
  • Workers’ Compensation denial – If the employee had any amount of unauthorized controlled substance in his/her system at the time of the injury, it will be presumed to be a proximate cause and therefore not compensable.
  • Unemployment denial – A person is ineligible for benefits if discharged from his/her last or next to last employment for misconduct connected with their work.

Sources

(e.g., Bill Number, Authority)
  • Nevada Revised Statute 453A
  • NRS 453D
  • NRS 453A.800
  • AB 132
  • NRS 48-1903
  • NRS 613
  • 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).