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Nevada - STATE LAWS

Workplace Drug Testing Issues – Nevada State Laws

These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Nevada update 01/21/2020

Pre-employment marijuana law went into effect January 1, 2020: 

  • Employers cannot fail or refuse to hire prospective employees because of marijuana metabolites in a drug test
    • Includes limited protections for safety-sensitive industries
  • This does not prohibit pre-employment testing for Federally mandated programs like for the US Department of transporation (DOT).

Visit our page on Marijuana Considerations & Laws – State by State

Workplace Drug Testing Laws in Nevada

Instant or POCT Testing

Restricted

Facility must have a lab license. Quest Diagnostics does not perform instant testing at facilities in Nevada, LabCorp does. National Drug Screening operates two POCT facilities in Las Vegas.

Drug Panels

No Restrictions

Laboratory

Licensing required

Check with Nevada Department of Health, Quest Diagnostics, LabCorp and Alere Toxicology are all licensed.

Medical Review Officer

Not Required

Highly recommended to limit exposure to liability. Always required for DOT testing.

Random testing and reasonable suspicion testing

No Restrictions

Post-accident testing

No Restrictions

Follow a u201creasonable basisu201d for requiring a post-accident drug test.

Unemployment Denial

Yes

Terminate for misconduct, address misconduct in drug free workplace policy. Violation of the drug free workplace policy is misconduct.

Workers Comp Discount

No

Intoxication Defense

Yes

WC compensation not payable for an injury proximately caused by the employeeu2019s use of a controlled substance.

Medical Marijuana

Yes

To purchase medicinal cannabis in the state of Nevada you must have a valid medical marijuana card. Employers should consult legal counsel regarding reasonable accommodation for employees with a medical marijuana card.

Recreational Marijuana

Yes

Passed November 2017, the law does not restrict employersu2019 ability to enforce policies that restrict drug use, including marijuana and this includes drug testing.

Report Driver DOT Positives

No

General Statute

Nevada has no law addressing drug testing in private employment.

Intoxication Defense – Denial of Workers Compensation Claim - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Nevada