Nevada Pioneers as First State to Ban Pre-Employment Marijuana Testing

August 22, 2019


Beginning January 1, 2020, Nevada employers will be prohibited from rejecting a job applicant who tests positive for marijuana on a pre-employment drug screening test.

Governor Steve Sisolak signed Assembly Bill 132 on June 5th, making it unlawful for any Nevada employer to fail or refuse to hire a prospective employee because the prospective employee submitted to a urine, hair, oral fluids, or blood test and the results of the test returned positive for the presence of marijuana.

Included in the law: if an employer requires an employee to submit to a drug screening test within the first 30 days of employment, the employee has the right to submit to additional testing, at his or her own expense, to rebut the results of the initial drug screening test. The employer must accept and provide proper consideration to the results of the second drug screening test.

Exceptions apply for those applying for firefighter or emergency medical technician positions, or if the employee will operate a motor vehicle for which federal or state law mandates the employee to submit to drug screening tests, or for certain safety-sensitive positions.

Given the rapidly changing landscape in this area, companies are reassessing their drug testing or substance abuse testing policies. The bill in Nevada may be a pioneer, but is certainly not the last.

 This information has been prepared by Validity Screening Solutions for informational purposes only and is not legal advice. The content is intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have.


Topics: Background Checks, Compliance

Jessica L. Troncoso, J.D.

Written by Jessica L. Troncoso, J.D.

Jessica focuses on Validity’s knowledge base of all laws, statutes, and enforcement actions regulating the employment screening industry. Jessica began in the Quality Assurance Department of Validity in 2012 and later worked remotely with the Research Department while attending law school. Jessica worked as a Judicial Extern for the Honorable Brian C. Wimes of the United States District Court for the Western District of Missouri and the Honorable Peggy Stevens McGraw of the 16th Circuit Court of Jackson County, Missouri.