Nevada Bans Most Pre-Employment Testing For Cannabis

Cannabis consumers in Nevada who might be looking for a new job can put down the golden seal and breathe a little easier as Governor Steve Sisolak has signed legislation to ban most pre-employment drug screenings that test for marijuana.

The new law, AB132, which was signed by Sisolak on Friday, June 5, prohibits an employer from refusing to hire an applicant in most cases if their hair, blood, saliva, or urine screenings indicate the presence of cannabis.

“It’s refreshing to see the state of Nevada actually dealing with some of the effects of recreational legalization in a very timely and resolute manner,” Nevada resident Joe White told Candid Chronicle. “This move from the Nevada government is the biggest win so far, not only for cannabis users but for the employers who no longer have to lump very capable and motivated cannabis smokers in with true drug addicts who pose real liabilities.”

But while the new law provides some freedom for cannabis consumers searching for employment, there are some exceptions.

Firefighters, emergency medical technicians, and individuals applying for motor vehicle operator positions that would require them to submit to a mandatory federal or state drug screening would not be exempt from testing under the new law.

Employers may also require screening for job positions where the safety of others could be adversely affected.

The new law does not apply to federal grant-funded positions or if it conflicts with provisions of an employment contract or collective bargaining agreement.

If an employer requires an employee to submit to a drug screening within the first 30 days on the job, the employee will have the right to provide an additional test at their expense to refute the results.

The new law goes into effect on January 1, 2020.