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Nevada State Drug Testing Laws

Workplace Drug Testing Issues – Nevada State Laws

These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Nevada update 01/21/2020

Pre-employment marijuana law went into effect January 1, 2020:

  • Employers cannot fail or refuse to hire prospective employees because of marijuana metabolites in a drug test.
    • Includes limited protections for safety-sensitive industries
  • This does not prohibit pre-employment testing for Federally mandated programs like the US Department of Transportation (DOT).

Workplace Drug Testing Laws in Nevada

Drug Testing IssueStatusComments
Instant or POCT TestingRestrictedThe facility must have a lab license. Quest Diagnostics does not perform instant testing at facilities in Nevada. LabCorp does. National Drug Screening operates two POCT facilities in Las Vegas.
Drug PanelsNo Restrictions 
LaboratoryLicensing requiredCheck with Nevada Department of Health, Quest Diagnostics, LabCorp, and Alere Toxicology are all licensed.
Medical Review OfficerNot RequiredHighly recommended to limit liability exposure. Always required for DOT testing.
Random testing and reasonable suspicion testingNo Restrictions 
Post-accident testingNo RestrictionsFollow a ‘reasonable basis for requiring a post-accident drug test.
Unemployment DenialYesTerminate for misconduct, address misconduct in the drug-free workplace policy. Violation of the drug-free workplace policy is misconduct.
Workers Comp DiscountNo 
Intoxication DefenseYesWC compensation is not payable for an injury proximately caused by the employee’s use of a controlled substance.
Medical MarijuanaYesTo purchase medicinal cannabis in the state of Nevada, you must have a valid medical marijuana card. Employers should consult legal counsel regarding reasonable accommodation for employees with a medical marijuana card.
Recreational MarijuanaYesPassed November 2017, the law does not restrict employers’ ability to enforce policies that restrict drug use, including marijuana, and this includes drug testing.
Report Driver DOT PositivesNo 
General Statute Nevada has no law addressing drug testing in private employment.

Intoxication Defense – Denial of Workers Compensation Claim – States vary in their willingness to allow employers to use an injured worker’s intoxication against a compensation claim. State laws’ intoxication defenses generally fall into one of three rough categories: reasons that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.

View Individual State Law Summaries

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