Nevada Drug Testing Laws

Nevada, a state known for its evolving stance on various issues, also has established guidelines when it comes to drug and alcohol testing in workplaces. The state's regulations are primarily laid out in Nevada Revised Statutes Chapter 613, particularly in sections related to employment practices. You can refer to NRS 613.333 for more detailed information.

Marijuana in Nevada: Recreational marijuana is legal for adults 21 and over in Nevada. Medical marijuana is also legal, and individuals must have a qualifying condition to be a patient.

For comprehensive details on Nevada's drug testing regulations, refer to the Nevada Legislature's official website.

Drug Testing Issue	Status	Comments
Instant or POCT Testing	Permitted	Follow proper protocols and guidelines.
Drug Panels	Not specified	But adhere to state and federal guidelines.
Laboratory	SAMHSA-certified recommended	Not explicitly mandated but ensures credibility.
Medical Review Officer (MRO)	Recommended	To ensure proper interpretation and handling of results.
Random Testing	Permitted	Subject to certain restrictions and conditions.
Post-Accident	Permitted	Especially when there's reasonable suspicion.
Reasonable Suspicion	Permitted	Based on observable behaviors or evidence.
Oral Fluids	Permitted	Follow manufacturer and state guidelines.
Hair Testing	Permitted	Subject to particular procedures and protocols.
Unemployment Denial	Possible	If drug use is the cause of employment termination.
Workers Comp Discount	Possible	If drug-free workplace programs are in place.
Intoxication Defense	Permitted	If intoxication directly contributed to the incident.
Medical Marijuana	Yes	For patients with a qualifying condition.
Recreational Marijuana	Yes	Legal for adults 21 and over.
Report Driver DOT Positives	Subject to federal rules	Nevada employers must adhere to federal DOT regulations.
General Statute	NRS 613	Detailed in Nevada Revised Statutes Chapter 613.

In line with Nevada's employment practices stipulated under the Nevada Revised Statutes Chapter 613, employers should be conscious of the state's legal stance on recreational and medical marijuana. While testing is permitted, employers need to be aware of the implications and rights associated with marijuana consumption in the state. Employers should be particularly vigilant and seek legal advice to ensure compliant practices.

Answered by: Andrew David Easler, Esq.
Published: 12/18/2023
Updated: 12/18/2022

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