Nevada’s New Marijuana Law May Surprise You

Nevada’s governor, Steve Sisolak, signed a new law that prohibits employers from denying applicants employment based on a positive marijuana drug test.

This law takes effect in January 2020 and makes Nevada the first state to make such a ruling.

However, there are exceptions to this rule.

According to HR Dive, exceptions can be made in these cases:

• The law does not apply to persons holding the position of a firefighter, an emergency medical technician, and to those whose job requires them to operate a motor vehicle.
• The law also does not apply to federal and state workers whose positions may require background screenings by law.
• Employers don’t have to follow this law if marijuana use affects a job position that already impacts the safety of others.

According to the new bill, candidates testing positive for marijuana may take another drug screening test at their expense to “refute” the positive results.

and employers must “give appropriate consideration to the results of such a screening test.”

While no other states have enacted this same law, this is something to consider should others follow suit.

It’s likely only a matter of time before we see more states issue this ruling.

Disclaimer

The Orsus Group blog is provided for informational purposes only. It is not intended to be comprehensive and is not a substitute for and should not be construed as legal advice. The Orsus Group does not warrant any statements in this blog. Any statutes or laws cited herein should be read in their entirety. You should direct questions to your own experienced legal counsel questions involving your organization’s compliance with or interpretation or application of laws or regulations and any additional legal requirements that may apply.