How Do the Nevada Marijuana Law Changes Affect Nevada Employees Legal Marijuana Use?

With recent changes to the laws regarding Nevada Employees Legal Marijuana Use, employers are finding themselves asking how these changes affect managing their employees. Many employers are finding themselves unsure what drug testing they can require and how those tests may be interpreted. An article by Christian Gabroy was recently published in the Review-Journal about Nevada Employees Marijuana Use that clarifies how NRS 613.333, the state’s lawful use of marijuana statute, should be interpreted. Christan states that the position his office takes is that an employee cannot be terminated for the legal marijuana used by an employee that is conducted off the employer’s work premises and during hours in which the employee is not working for the employer.

He also gives insight into NRS 453A.800, Nevada’s reasonable accommodation statute that relates to medical marijuana cardholder’s use of marijuana, stating that an employer must attempt to accommodate these employee’s usage. He states that as long as such use poses no threat to other employees or clients or customers, and does not cause an undue hardship to the employer, and that an employee is still able to satisfy the requirements of his or her job, that an employer cannot lawfully fire an employee for Nevada Employees Legal Marijuana Use.

He also pointed out that these laws also pertain to Nevada gaming institutions because the statutes do not conflict with the gaming laws of Nevada and have no conflict with federal laws so that employees of gaming institutions cannot be fired for legal use relating to these statutes.

If you are an employer who is asking these types of questions, or are an employee who has been terminated for the legal use of marijuana, whether for medical or recreational use, please contact our office online or at 702-259-7777 to schedule an initial consultation where we will help you determine how the statutes set forth for the legal use of marijuana affects your situation.

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