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Nevada Drug Testing Laws and Regulations

State: Nevada
Statute of Order: Nev. Rev. Stat. ยง284-4061 et seq.
Covered Employers: State agencies.
Applicant Testing: Applicant testing authorized for jobs involving public safety.
Employee Testing: Employee testing authorized for jobs involving public safety. Referral for counseling or treatment authorized for employee testing positive. Discipline or discharge authorized for subsequent positive findings, for workplace use, or for working under the influence.
Conditions & Methods: Testing only by independent laboratory and confirming test in case of positive findings.
Important Bulletpoints:
  • Under Employment Practices particularly the section on Unlawful Employment Practices, testing for controlled substances or the presence of alcohol is differentiated from restricted genetic tests and are therefore permissible to be conducted in the workplace.
  • Nevada has provisions allowing for the medical use of marijuana but does not require employers to accommodate the medical use of marijuana in the workplace.
  • State employees may be required to undergo screening for alcohol and drug use particularly in cases of reasonable suspicion and for post-accident situations involving law enforcement officers resulting in bodily injury or substantial damage to property. Testing may be performed as well for pre-employment purposes for positions affecting public safety.
  • A person may become ineligible for unemployment benefits if he or she was discharged for misconduct from the last or previous to the last employment.
  • For the purposes of administering industrial insurance benefits, requested or ordered alcohol or drug testing must be performed only by licensed testing laboratories. Compensation may be denied if the proximate cause of the injury is due to intoxication or the use of a controlled substance.
  • Medical Marijuana Law:

    The use of medical marijuana for those who pass the requirements has been allowed in Nevada since 2000. Possession limit for qualified users were pegged at 2.5 ounces of usable marijuana in a 14-day period, and 12 plants.

    Qualifying Medical Conditions

    • Cancer

    • Glaucoma

    • AIDS

    • PTSD

    • Medical condition that leads to cachexia

    • Seizures, muscle spasm

    • Severe pain and nausea

    • Other conditions approved by the Department of Human Resources' health department

    Limitations

    • It is prohibited for a person under the influence of marijuana to operate or drive a vessel or vehicle under power or sail, and aircraft.

    • It is not permitted to possess or use marijuana in public places and all local detention facilities such as county jail, reformatory, state prison, juvenile detention center and school property.

    • Delivery of marijuana to another person who may or may be a registered medical cannabis user.

    • A person under the influence of marijuana is prohibited from operating an aircraft or gun possession in violation of NRS 202.257.

    Recreational Marijuana Law

    Nevada's Question 2 or the Nevada Marijuana Legalization Initiative was approved on the November 8, 2016 ballot.

    A vote of YES indicated the legalization of the recreational use of an ounce or less of marijuana for persons aged 21 and over. About 55% of Nevada voters approved the legalization, taxation, and regulation of cannabis for individuals 21 and above. This took effect on January 1, 2017.

    The passing of Question 2 now allows individuals aged 21 and above to possess, cultivate and consume recreational marijuana. These users are allowed to cultivate up to 6 marijuana plants for their own personal use. However, cultivation is to take place in an enclosed, secure and locked area.

    The initiative also authorizes and regulated cannabis retail stores, facilities for the manufacture and testing of marijuana, cultivation facilities, and distributors. The Nevada Department of Taxation is in charge of regulating these facilities and establishments. For the first 18 months, the Department of Taxation will only accept licensing applications for production facilities, cultivation facilities and marijuana dispensaries from registered medical marijuana businesses. Registered dealers of wholesale liquor are the only ones permitted to apply for license as distributor.

    The marijuana initiative of Nevada will generate a 15% excise tax which will be directed to schools, and in enforcing the measure.

    Limitations

    • Driving a vehicle, aircraft, or motorboat/sailboat while under the influence of marijuana or impaired by marijuana is prohibited.

    • Selling, delivering, giving, offering, administering marijuana to a minor is prohibited unless that person is sanctioned by law.

    • The use and possession of marijuana within and on the grounds of any correctional institution or facility are prohibited.

    • The use and possession of marijuana within and on the grounds of preschool, kindergarten, and grades 1 to 12 schools, are not allowed.

    • Doing work-related tasks while under the influence of marijuana constitutes to professional malpractice or negligence.

    Effects on Workplace Drug Testing

    Most US states have passed laws restricting and regulating the rights of an employer to require drug testing in the workplace. The state of Nevada does not have a law that addresses drug testing private employers. On the other hand federal law mandates that employees in particular professions such as airline pilots and heavy machinery operators, submit to drug testing. Federal employees are also mandated to submit to drug testing.

    Sources:

    http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881#Nevada

    https://www.mpp.org/states/nevada/

    http://employment.findlaw.com/workplace-privacy/drug-testing-at-work.html

    Applicability: Law applies to physicians, patients and caregivers.
    Quantity Allowed: Less than or equal to 1oz of usable Marijuana or 3 mature or 4 immature plants
    How Obtained: Growing is permitted through Department of Agriculture – may also grow to provide and establish a seed bank.
    Liability Protections: Physicians: protected from criminal prosecution when recommending Marijuana for medical use – written documentation required. Patients and Caregivers: have a affirmative defense if physician diagnosed and advised use of Medical Marijuana, explained the risks and benefits to patient and if within quantity permitted by statute.
    Statutory Requirements for Authorized Use: Written documentation from physician and Registry Card required. Physicians and patients must register with the Department of Agriculture. Documentation from attending physician must be updated annually.
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    Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.

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