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Marijuana Legalization by State.
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Our intent is to make Nevada drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in this state.
Nevada is a “mandatory” state, which means any employer wishing to conduct drug and/or alcohol testing within this state must do so according to the statute, regulations, and court decision that apply. The mandatory rules focus on how to test (specifically the laboratories you will employ for your program). Testing is your choice, but there may be important federal rules to consider if you test.
This overview is to introduce you to the nature and history of Nevada workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing for drugs and alcohol in this state.
A patchwork of laws makes it clear that any examination of excretions from the human body, including urine, saliva, etc. must be conducted by a licensed and qualified laboratory. NCL Sec. 652.060, 652.155 & 616C.230(2)(b). The policy and procedures for drug testing in this state must consider the laws related to sample testing . It is advisable to develop a policy, and perhaps more importantly, procedures that relate to specimen analysis, as specified in these state rules.
Effective January 1, 2020 this state will need to comply with a new law that prohibits the denial of employment if prospective employee has marijuana present in test result. Governor Sisolak singed AB132 into law on June 5, 2019 which amends Chapter 613 - Employment Practices. There are certain exceptions, of an employer from denying employment to a prospective employee because he/she has completed a drug screening test and has presence of marijuana. It is also stated if an employer requires an employee to complete a drug screening test within his/her first 30 days of employment, the employer is required to accept and give consideration to the results of an additional drug screening test which the employee completed at his/her own expense.
Q1. Can I do a random testing for my employees in Nevada? Yes:
There are no limitations currently for drug and alcohol testing in this state.
Answer is “Yes”
This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.
All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.
Medical Use: Companies will abide by the requirements under the Nevada Medical Marijuana law approved by 65% of the voters in 2000. In sec. 453A.800 of the law requires employers to attempt to make reasonable accommodations for the medical needs of an employee who engages in the medical use of marijuana if the employee holds a valid registry identification card, provided that such reasonable accommodation would not pose a threat of harm or danger to persons or property or impose an undue hardship on the employer prohibit the employee from fulfilling any and all of his or her job responsibilities.
Personal Use: On November 8, 2016, The Nevada Marijuana Legalization Initiative, passed by a margin of 54.47%. and takes effect January 1, 2017. It was designed to allow adults aged 21 or older to possess, consume, and cultivate some marijuana for recreational purposes.
“The measure authorized the operation of marijuana establishments. It authorized the Nevada Department of Taxation to regulate them. The measure mandated that for the first 18 months of licensing, the Department of Taxation would only accept license applications for marijuana stores, production facilities, and cultivation facilities from registered medical marijuana establishments. During the same time period, only registered wholesale liquor dealers would be permitted to apply for marijuana distributor licenses.”
“This will prohibit marijuana establishments within 1,000 feet of a school or 300 feet of a community facility. It also set limits on the number of retail marijuana stores permissible in each county based on the county's population size
For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.
There are no no known court cases in the workplace.