Nevada Drug Laws
We are going to explore two aspects of Nevada drug laws and the information necessary to learn how to pass a drug test in Nevada.
Learning The Basics Of Nevada Drug Laws.
First, we are not attorneys and can not provide specific advice on the Nevada Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Nevada drug laws.
Second, for those of you who are concerned with those Nevada Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Nevada.
There Are Four Major Drug Tests Given In Nevada.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Nevada.
Nevada Drug Laws For Employees.
Nevada law doesn’t address drug testing in private employment. Although many states have passed laws regulating or restricting an employer’s right to require drug testing, Nevada is not one of them. Nevada has no law addressing drug testing in private employment. This means that drug testing is not prohibited or restricted, unless it violates other legal provisions (such as a law prohibiting discrimination; see below).
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Nevada? Even though Nevada Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Nevada Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Nevada employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Nevada Drug Laws.
|Statute of Order:||Nev. Rev. Stat. §284-4061 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.|
|Testing Bullet Points:||
The Nevada Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Nevada Are For Breaking Nevada Drug Laws For Marijuana, Not Federal Or Local Laws.
Nevada drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Nevada behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Nevada using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Nevada is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of Nevada Drug Test Laws.
- Legal Outlook – Nevada state law provides a legal framework on how drug testing may be done. Apart from this, the law does not put limitations on drug testing by organizations.
- Who Can Be Tested? – The law lays down the rules for testing public employees. Apart from this, there are no limitations on the employees an organization may instruct to undertake tests for substance use.
- Procedure Of Testing – The legal framework defines the procedure to be adopted and the agency to be used for drug testing. Following the framework enables employers to counter employee compensation claims for injury under the effect of substances.
- Drugs That Can Be Tested – There is legal acceptance of the use of marijuana under medical supervision for certain debilitating conditions. The state drug testing law however, does not tolerate the use of marijuana at the workplace. The law does not spell out other drugs that should be tested for and leaves this to individual employer discretion.
- Location Of Testing – There are approved agencies for drug testing. If an employer has a preference for another lab’s facilities, it may be allowed to conduct on-site or instant urine tests. If an employer chooses to use this option, there is an application procedure to be completed and a biennial fee of $500 that is payable. In order to fight a worker’s compensation claim, a test report from an approved agency is stronger evidence than from an ‘exempt’ agency.
- Policy – The law does not require organizations to maintain a stated policy document. In the event of a worker’s compensation claim or a move to fire an errant employee whose drug test has proved positive, a written policy is a must. The policy must lay down the organization’s rules regarding drug use and the effect on the employment contract if the rules are broken.
- Penalty Of Positive Drug Testing – If the drug test has shown positive in an approved laboratory, a worker’s compensation claim may be countered or rejected. Though marijuana is permitted, there is no legal sanction for workplace use of the substance. There are no further provisions in the law that direct reinstatement or removal of an employee who has tested positive.
- Timing Of Drug Test – There is no state law or prior event that points to a suitable timing for drug testing. The employer may choose the appropriate timing of employment how to pass a drug test, pass a drug test either at the start or as a basis for continuing employment. The drug-testing agency communicates the appropriate timing in the day when the drug testing should be carried out.
- Notice – There is no legal guideline regarding posting a written notice at the workplace. The absence of a notice cannot be used in defense against prosecution for substance abuse at work.
- Cost Of Drug Testing – The law does not clearly put the onus of the cost associated with drug testing on the employer. Drug tests are expensive and it is necessary to know the organization’s stand on the issue.