Nevada to Prohibit Rejecting Candidates Testing Positive for Marijuana

December 5th, 2019 | Angela Preston, Senior Vice President and Counsel, Corporate Ethics and Compliance

Beginning in 2020, Nevada employers will be prohibited from denying employment to prospective candidates as a result of the presence of marijuana in screening tests. A.B. 132 (the “Law”) amends Section 613 of the Nevada Revised Statues, which regulates employment practices.

Effective January 1, the Law states that positive results for marijuana from screening tests on a prospective employee’s blood, urine, hair, or saliva may not be considered as a basis for denial of employment.

Exceptions in the Law:

• Firefighters and Emergency Medical Technicians (EMTs)
• Positions which require the employee to operate vehicles for which they are subject to other state or federal screening requirements
• If disregarding positive marijuana results is inconsistent with provisions of federal law
• Positions that are funded by federal grants
• If the employer determines the position could adversely affect the safety of others
• If disregarding positive marijuana results is inconsistent with provisions of an employment contract or collective bargaining agreement

Nevada Drug Test

The Law further allows that if a screening test is required within the first 30 days of employment, the employee may rebut the results of the test by submitting to another one, at their own expense, which the employer must give consideration to.

What Nevada Employers Need to Consider

To comply with drug testing laws, Nevada employers should review their drug screening practices and policies and consult with their legal counsel regarding compliance with the Law and best practices. Sterling clients with Nevada locations should contact their account representatives if they have any questions related to their drug screening services. For more insights, read our recent compliance updates from other states and cities.

Recently, Sterling’s healthcare leaders teamed up with legal marijuana experts for a webinar, to help companies like yours navigate the thorny challenges involving hiring in the age of marijuana reform. If you missed it, watch on-demand today.

Sterling is not a law firm. This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.