Nevada Bans Pre-Employment Marijuana Testing Starting 2020
Nevada became the first state to bar employers from denying jobs based on a positive pre-employment marijuana test, effective January 1, 2020.
Effective January 1, 2020, employers are barred from conducting pre-employment drug testing for marijuana in the state of Nevada. Nevada is the first state to enact a law restricting employers from using a positive marijuana drug test result for employment screening purposes. The law states that it "is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the employee submitted to a screening test and the results of the screening test indicate the presence of marijuana." This law applies to all currently acceptable drug screening methods: urinalysis, hair, blood, and saliva. The only positions exempt from this law are emergency medical technicians, operators of motor vehicles who are required to be drug tested, firefighters, and other jobs that could adversely affect the safety of others as determined by the employer.
Employers located in Nevada should review their current screening policies and make the appropriate adjustments to stay in compliance. In addition, employers have the right to review their positions to see if any safety-sensitive roles can be exempted. Since Nevada won't likely be the last state to enact this type of law, CRC will continue to monitor this trend and post updates as they occur.
Note: This reflects Nevada's marijuana testing law as enacted in 2019 and 2020; several other states have passed similar restrictions since then, so employers should confirm current requirements in each state where they operate.
If you have any questions about your current drug testing policies, or you're in the market to work with an accredited background screening agency, please reach out to CRC's Business Development team and they'll be happy to assist.
