Nevada becomes the first state to ban pre-employment marijuana testing

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Smoking marijuana will no longer hinder most people from getting a job in Nevada.

Starting in 2020, employers in Nevada cannot refuse to hire a job candidate for failing a marijuana pre-employment screening test, making it the first state to pass such a law.

Bill AB123 states that "it is unlawful for any employer in this state to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana." 

The bill was signed into law by Gov. Steve Sisolak on June 5 and released the following statement:

"As our legal cannabis industry continues to flourish, it’s important to ensure that the door of economic opportunity remains open for all Nevadans. That’s why I was proud to sign AB132 into law, which contains common-sense exceptions for public safety and transportation professionals."

There are some exceptions to the new law.

The law does not apply to firefighters, emergency medical technicians, employees who operate a motor vehicle (such as bus drivers), or those, in the determination of the employer, who could adversely affect others' safety.

Also, if an employer required an employee to submit to a screening test within the first 30 days of employment, the employee does have the right to submit to an additional screening test to rebut the results of the initial test. The law states that the employer must accept the follow-up test results.

The law goes into effect on January 1, 2020.