Nevada employers may no longer be able to eliminate candidates using marijuana drug testing

After a new drug testing act was signed into law by Governor Sisolak on June 5th, most employers in Nevada will no longer be allowed to conduct pre-employment drug screenings for marijuana. The Act amends current Nevada law and becomes effective January 1st, 2020:

The law “Prohibits the denial of employment because of the presence of marijuana in a screening test taken by a prospective employee with certain exceptions; authorizing an employee to rebut the results of a screening test under certain circumstances; and providing other matters properly relating thereto.”

Nevada AB132

According to CNN, this law comes on the heels of the decision in New York City to ban marijuana drug testing for certain positions. In Maine employers are not allowed to test for marijuana however, there are no laws enforcing that rule.

For Nevada, candidates who must be tested in a 30-day window at the start of employment and fail a drug test are also allowed to challenge the results of a negative test. Employers must consider the second drug test.

While this law bans testing for many positions, not all employees are exempt from screening. Employees who operate vehicles, EMT’s, and firefighters are not exempt. Other professions that are required by state or federal law to screen for marijuana may still be tested. Finally, employers may still test for marijuana if they decide that the safety of others may be adversely affected by not screening.

With many states legalizing marijuana for recreation use, it’s expected more states will enact similar laws in the coming months and years. That’s why HireSafe offers employee drug testing without THC, that way employers can test for drugs they are concerned about while remaining compliant with Nevada, and upcoming pre-employment drug testing laws.

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