Nevada Becomes the First State to Ban Employer Drug Testing for Marijuana


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Contributor: B. O’Neal

On January 1, 2020 AB 132 will go into effect in the state of Nevada. AB 132, also known as Assembly Bill Number 132, was signed into law by Nevada governor Steve Sisolak on June 5, 2019. This new law prohibits employers from drug testing for marijuana as a pre-employment screening. It is the first step toward protecting people who are using cannabis as a legal drug. It will now officially be illegal for employers to refuse to hire workers that test positive for cannabis. This makes Nevada the first state to enact such a law statewide. Although, New York City was the first city to enact such a law for medicinal users.

The new law states that, “it is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.” A screening test is defined as a means to test a person’s blood, urine, hair, or saliva to detect the presence of a controlled substance or any other drug.


However, AB 132 will not apply to certain emergency workers, such as firefighters and paramedics. Nor will it apply to individuals that drive for a living, such as school bus drivers, or any positions that could affect the safety of others. It also does not apply to any positions funded by a federal grant. These progressive steps forward only make sense and help to legitimize the cannabis industry even further. These are the exact types of ground rules that are necessary to be laid in order to create a well-respected industry in the cannabis space. Just as one wouldn’t, or shall we say shouldn’t, show up to work drunk, the same applies to these circumstances in the workplace as well.

This is not replacing drug testing altogether. If there is any evidence of intoxication or being under the influence while in the workplace, then drug testing may follow by the employer at that point. The new law further states that if an employer requires the employee to take a drug test within the first 30 days of employment and the employee fails said test, the employee has the right to submit to an additional drug screening at his or her own expense to rebut the results of the initial test. This initial testing should apply to instances where AB 132 would not apply to the occupation but would still give the applicant a chance to test cleanly if hired for the job thereafter.

However, some of the ethics on the situation seem to possess a double-standard. Under these current circumstances, a bus driver or medical technician would not be allowed to partake in recreational use at all. Which is basically equivalent to saying they should not be allowed to drink when they aren’t working as well, as both vices possess characteristics that could be potentially dangerous if used within the workspace. However, one could make the rather baseless argument that alcohol is not illegal on a federal level, and they would be correct. At least for now that is.
So, what happens when marijuana is finally legalized on a federal level? What kind of testing laws will be implemented then? This area is so new and so gray that only time will tell. Whatever these laws end up being, let’s just hope they are fair and equal. Because as we know, alcohol can be far more dangerous when it comes to certain situations like these and the safety issues that surround it.

Either way, this is a win for both employees and employers, as employers are likely to see an increase in applicants. Many would be applicants are often deterred by drug testing out of fear of being denied. It is unclear how many jobs will actually open up to cannabis users, but the first in the nation bill is a clear win and a definite step in the right direction. Employers will need to revise their current pre-employment drug testing policies prior to January 1, 2020.

This has been a gray area for many states since full recreational legalization. Some are even going as far to say this is flat out discrimination against recreational marijuana users. To say that a person who legally and recreationally smokes marijuana is unqualified for a job, is just like saying someone who binge drinks on weekends is unqualified. Does substance abuse affect their job? Maybe it does, maybe it doesn’t. But a pre-employment drug screening certainly won’t give you the answer.




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