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  • Jason

In NV, it's Cool if You Test Hot

Starting in 2020, employers in Nevada are no longer allowed to deny employment to potential job applicants for failing for marijuana on a pre-hire drug screening test; this makes Nevada the first state to approve a law of this nature.

"It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana," states the law, signed on June 5 by Gov. Steve Sisolak.

It is exciting but hold your horses – there are some finer details. This law does not apply to firefighters, EMTs, employees that drive company vehicles, or those who have safety sensitive jobs predetermined by their employer.

The law states that if an employer requires a new hire to take a screening test, the new employee then has the right to rebut the results and submit to an additional screening test. The law says the employer must then accept the results of the follow-up test.

"As our legal cannabis industry continues to flourish, it's important to ensure that the door of economic opportunity remains open for all Nevadans," Gov. Sisolak said. "That's why I was proud to sign AB132 into law, which contains common-sense exceptions for public safety and transportation professionals."

The law will go into effect beginning in 2020.

As far as drug screenings are concerned, Nevada is the first state to allow this provision. Voters in Nevada approved recreational marijuana for adults 21 and over. Recreational marijuana sales started the year following the vote. In New York City a similar bill passed in April that prevented employers from mandating potential employees to pass a marijuana screening test for pre-employment. In Maine, where recreational marijuana is legal, employers are not permitted to discriminate based on marijuana use, however there aren’t any laws specific to drug testing.

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