While the sale of recreational marijuana to adults 21 and older was legalized in 2016, Nevada has continued to allow employers to refuse to hire workers based on their use of what is a legal drug in the state. This law will change that.
• This law will not ban pre-employment drug screening
• This law will ban employers from making hiring decisions based on positive marijuana test results
• This law is specific to marijuana and does not ban employers from making hiring decisions based on positive test results for other substances
• This law will not apply to employers in "safety" positions such as firefighters, EMT, and federally licensed drivers
• Nevada bans employers from refusing to hire those who fail marijuana tests
• Testing Positive for Marijuana Won't Cost You a Job in Nevada
• Nevada Is the First State to Ban Employer Drug Tests for Weed
Although this law helps ensure that state drug laws are aligned with employment law, it does not sound like the end of pre-employment drug screening is near. Why not treat marijuana like alcohol and remove it from the test altogether? How easy will it be for companies to claim exemption from this law in the name of workplace safety? This will probably be the first of many states to pass such a law and we will continue to watch how this unfolds.
Do you live in a state where recreational or medicinal use of marijuana is legal? Submit your testing experiences here so we can provide more insight on the ever-evolving world of employment drug testing.