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Nevada: Employers Can't Refuse Applicants Who Fail Marijuana Test

Nevada Bans Employers from Rejecting Applicants Based on Failed Marijuana Test

Becoming the first state to do so, Nevada passed a bill that prohibits employers from failing or refusing to hire some applicants who do not pass marijuana drug tests. The new legislation, which Governor Steve Sisolak signed into law on June 5, 2019, will come into effect in January of 2020.

Employees Can Take a Second Drug Test

If an employee is required to submit to a drug test within their first 30 days of employment and they test positive for having marijuana in their system, they can refute the results and pay for a second test. Their employer is required to accept the results of the more recent screening.

Exceptions Under the New Law

The new law will not apply to individuals seeking certain positions. An applicant could be rejected based on the results of a marijuana drug test if they are going for a job as a firefighter, emergency medical technician, or motor vehicle driver. If a person performs their duties in these types of positions while under the influence of marijuana, they could affect the health and safety of others.

Also, because cannabis is still illegal under federal law, a person who applies to a U.S. government job or position that receives federal funding will still be required to pass a marijuana drug test.

Staying Consistent with State Marijuana Laws

On July 1, 2017, Nevada became the fifth state to allow recreational marijuana use for individuals 21 years of age and older. The new law provides for consistency with that enacted 2 years ago.

Contact the Law Office of David R. Fischer for a Free Consultation

For more information about the new legislation and help understanding your rights, speak with our attorney today. We have extensive experience in the criminal justice system and have considerable knowledge regarding various state laws.

To schedule your free consultation, call us at (702) 866-9864 or contact us online.

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