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Employers Can’t Reject Candidates Testing Positive for Marijuana


As one of the first states to do so, Nevada has banned employers from basing hiring decisions on a candidate’s marijuana use. That means if a pre-employment drug screening reveals that a potential new hire has the substance in their system, they can’t be rejected for that reason alone.

Aligning Marijuana Use Laws with Employment Laws

The law, which takes effect on January 1, 2020, creates alignment with statutes on marijuana use. In Nevada, adult possessing and consuming the substance became legal on January 1, 2017. However, in the two years since this law became effective, there was nothing to prevent employers from failing to hire a candidate because they partook in a legal activity that showed up in a drug test.

Exceptions to the New Legislation

Not all positions are covered by the new law. Individuals applying for firefighter and public safety positions will still be required to pass a pre-employment drug screening, meaning having no marijuana in their systems. Additionally, because the substance is still illegal at the federal level, if a person is seeking a job with the government, they too must be clear of a controlled substance. 

Retesting Allowed for Employees

Under the new law, if a worker is required to take a drug test within their first 30 days of employment, and they test positive for marijuana, they can retest at their own expense. If they are clean the second time around, their employer must accept the subsequent result.

Schedule a Free Consultation with The Draskovich Law Group

Our attorneys have extensive legal experience, and we know the laws concerning your rights. If you’re facing accusations of committing a drug crime, call us as soon as possible. We can help you understand the details of these types of offenses and the consequences of a conviction.

Get in contact with us today by calling (702) 381-6590 or filling out an online form.