Cannabis Employment Laws in Nevada
This state provides meaningful protections for employees who use cannabis off-duty, including restrictions on testing and adverse action.
Protection Details
The following industries or positions are exempt from protections and may still test and take adverse action: DOT-regulated, safety-sensitive, emergency medical technicians, firefighters, positions requiring CDL.
Overview
Nevada was the first state in the US to prohibit employers from refusing to hire applicants based on a positive pre-employment cannabis test (AB 132, effective January 2020). The law makes it unlawful for employers to fail or refuse to hire a prospective employee because of a positive cannabis screening test. Employers must provide a reasonable opportunity for applicants to contest or explain a positive result. Exceptions exist for firefighters, EMTs, DOT-regulated positions, and jobs that could adversely affect the safety of others. Nevada also provides protections for off-duty cannabis use.
Key Facts
- •First state to ban pre-employment cannabis testing refusals (AB 132, 2020).
- •Employers must allow applicants to contest positive results.
- •Off-duty cannabis use is protected for most positions.
- •Firefighters, EMTs, and DOT positions are exempt.
- •Medical cannabis patients have additional protections.
Federal Considerations
Regardless of Nevada's state laws, federal employees and contractors are subject to federal drug-free workplace requirements under Executive Order 12564 and the Drug-Free Workplace Act of 1988. Workers in DOT-regulated industries (trucking, aviation, rail, transit, pipelines, maritime) must comply with federal testing requirements. Safety-sensitive positions in healthcare, law enforcement, and the military are also exempt from state protections.
Frequently Asked Questions
Can Nevada employers refuse to hire based on a cannabis test?+
What positions are exempt from Nevada's pre-employment testing ban?+
Can Nevada employers test current employees for cannabis?+
Related State Employment Laws
Explore cannabis employment laws in other states with similar policies or neighboring jurisdictions.
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Disclaimer: The information on this page is provided for educational and informational purposes only and does not constitute legal advice. Cannabis remains illegal under US federal law. Nevada state employment laws and regulations are subject to change and may vary by local jurisdiction. Federal employees, contractors, and workers in DOT-regulated and safety-sensitive industries are generally subject to federal drug-free workplace requirements regardless of state law. Always verify current laws with official Nevada state resources and consult with a qualified employment attorney before making decisions about cannabis use and employment. Cannabismarketcap does not guarantee the accuracy or completeness of any information presented.