Nevada Limits Non-Selection for Preemployment Marijuana Test

When Nevada Gov. Steven Sisolak signed AB 132, his state became the first to prohibit employers from barring prospective employees from their workforces for testing positive for marijuana on a preemployment test. While a limited selection of states protect medical cannabis users, such as Arizona, most states allow employers unfettered decision-making over positive screening results. For example, Colorado and California allow employers to make employment decisions based on positive screening results for marijuana with few limitations.

The new Nevada law includes some exceptions. The prohibitions do not apply to the employment of firefighters, emergency medical technicians (EMTs), employees who are required to operate a motor vehicle when such position requires screening under federal or state law, and employees in positions where, “in the determination of the employer,” cannabis use “could adversely affect the safety of others, i.e., safety-sensitive positions.”

AB 132 discusses only prohibitions on hiring, however, and does not appear to limit employer action once employment has commenced. However, it also includes a right for employees to rebut the results of any drug screening conducted within the first 30 days of employment with their own second drug screening.