New Nevada law: Job seekers can’t be denied employment because of positive marijuana test

Carson City, NV — Nevada has become the first state to prohibit almost all employers in the state from denying employment to job candidates who test positive for marijuana.

Signed into law June 5 by Gov. Steve Sisolak (D), A.B. 132 is scheduled to go into effect Jan. 1. Nevada voters approved recreational use of marijuana in 2017.

“As our legal cannabis industry continues to flourish, it’s important to ensure that the door of economic opportunity remains open for all Nevadans,” Sisolak said in a statement, according to Newsweek. “That's why I was proud to sign A.B. 132 into law, which contains common-sense exceptions for public safety and transportation professionals.”

The new law doesn’t apply to job seekers applying to be firefighters or emergency medical technicians, as well as for jobs in which workers “could adversely affect the safety of others” or job positions funded by a federal grant. Additionally, employers that require workers to operate a motor vehicle and for which federal or state law requires the employee to submit to drug screening will be considered exempt.

Also under the new law, employees who are required to submit to a drug screening within the first 30 days on the job have the right to dispute the results of a test. In such cases, the employee will be responsible for the cost of the second test.

On May 10, New York City lawmakers enacted legislation that bans testing of workers for tetrahydrocannabinols, or THC – the active ingredient in marijuana.