Nevada is one of a small group of states that put a specific limit on pre-employment marijuana screening into its labor code. The rule, commonly referenced by its bill number AB 132, is codified at NRS 613.132. It does not legalize marijuana use on the job, and it does not stop testing. It changes one narrow thing: what an employer may do with a positive pre-employment marijuana result. This guide walks through what the statute actually says, who is exempt, the retest right it creates, how it interacts with workers compensation law, and where federally regulated and gaming positions fit.
The AB 132 Hiring Rule Under NRS 613.132
The operative language is direct. Under NRS 613.132(1), it is unlawful for an employer in Nevada to fail or refuse to hire a prospective employee because that person submitted to a screening test and the results indicated the presence of marijuana. The statute defines a screening test broadly, as a test of a person's blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.
This means a Nevada employer that runs a standard pre-employment panel, gets a positive marijuana result, and then declines to hire the applicant solely on that basis is exposed to liability under the statute. The rule applies to hiring decisions. It says nothing about testing current employees for cause, after an accident, or under a random program, and it does not require an employer to allow marijuana use, possession or impairment at work.
Who Is Exempt From the Hiring Rule
Subsection 2 of NRS 613.132 carves out four categories of positions where an employer may still decline to hire based on a positive pre-employment marijuana screen:
| Exempt category | Statutory basis |
|---|---|
| Firefighter positions | Defined by reference to NRS 450B.071, cited in NRS 613.132(2)(a) |
| Emergency medical technician positions | Defined by reference to NRS 450B.065, cited in NRS 613.132(2)(b) |
| Positions requiring the employee to operate a motor vehicle where federal or state law requires screening | NRS 613.132(2)(c) |
| Positions that, in the employer's determination, could adversely affect the safety of others | NRS 613.132(2)(d) |
The fourth category gives employers meaningful latitude, since it is the employer's own determination that a role is safety sensitive that triggers the exception, not a state-issued list of job titles. The statute also states in subsection 4 that the hiring rule does not apply to the extent it conflicts with an employment contract or collective bargaining agreement, does not apply where it conflicts with federal law, and does not apply to a position funded by a federal grant.
The Paid Retest Right in the First 30 Days
Subsection 3 of NRS 613.132 gives new hires a specific procedural right. If an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee has the right to submit to an additional screening test, at the employee's own expense, to rebut the results of the initial test. The employer is required to accept and give appropriate consideration to the results of that second test. The statute puts the cost of the retest on the employee, not the employer, and it applies to a test taken in the first 30 days of employment rather than to every pre-employment screen an applicant ever takes.
Workers Compensation and the Intoxication Presumption
Nevada workers compensation law handles impairment differently from the hiring statute above, and it can matter a great deal after a workplace injury. Under NRS 616C.230, compensation is not payable for an injury that occurred while the employee was under the influence of a controlled or prohibited substance, unless the employee proves by clear and convincing evidence that the substance was not the proximate cause of the injury. The statute sets numeric thresholds for several substances, measured in urine and blood, that trigger this presumption when the employee did not have a current, lawful prescription. For marijuana, specifically delta-9-tetrahydrocannabinol, the statute sets a blood threshold of 2 nanograms per milliliter.
The same section requires that testing supporting a denial of compensation be performed by a laboratory licensed under Nevada Revised Statutes chapter 652, and it requires that test results be made available to the insurer or employer on request, to the extent that does not conflict with federal law. This presumption structure is separate from the AB 132 hiring rule. A positive post-injury marijuana result can still affect a workers compensation claim even though a positive pre-employment result generally cannot block a hiring decision. Employers administering claims should coordinate with their workers compensation insurer, and general program information is published by Nevada's Division of Industrial Relations, Workers Compensation Section, at dir.nv.gov.
Federally Regulated and Safety Sensitive Positions
Nothing in Nevada's hiring statute overrides federal drug testing law. Employers and employees covered by United States Department of Transportation testing rules, including commercial drivers, remain subject to the federal program regardless of state marijuana policy. The controlling federal regulation is 49 CFR Part 40, which governs specimen collection, laboratory testing, cutoff levels and the medical review officer process for DOT-regulated positions. NRS 613.132(2)(c) reflects this by exempting positions that require operating a motor vehicle where federal or state law requires testing, and subsection 4 separately states that the hiring rule does not apply to the extent it conflicts with federal law. Employers with a mixed workforce, some positions safety sensitive or federally regulated and some not, generally need two policies rather than one blanket rule.
Nevada Gaming Industry Context
Nevada's gaming industry is licensed and regulated by the Nevada Gaming Control Board and the Nevada Gaming Commission, and casino operators typically layer their own drug and alcohol policies on top of state and federal law, particularly for positions tied to a state work card or a gaming license. Specific drug testing requirements for gaming employees are not uniform across every license type and property, so the safest approach for a gaming employer is to confirm current requirements directly against the regulator's published statutes and regulations at gaming.nv.gov rather than assume a single statewide rule applies to every gaming position.
Building a Compliant Nevada Testing Policy
A Nevada employer that wants to keep testing defensible generally needs a written policy that separates pre-employment marijuana screening outcomes from screening outcomes for other substances, documents which positions fall under the safety sensitive or federally regulated exceptions in NRS 613.132(2), and spells out the retest procedure and cost allocation required under subsection 3. Employers should keep in mind that a rapid screening test is a presumptive result, not a legal finding. A nonnegotiated immunoassay cup or dip card can produce a preliminary positive that requires laboratory confirmation, typically by gas chromatography-mass spectrometry or liquid chromatography-tandem mass spectrometry, before any adverse action is taken and before a result is treated as final under the workers compensation presumption in NRS 616C.230. Routing a nonnegative screen through a medical review officer, and documenting any current, lawful prescription an employee holds, is standard practice for both DOT-regulated and non-DOT Nevada employers.
Frequently Asked Questions
Below are common questions Nevada employers ask about AB 132 and related testing law.
Does NRS 613.132 stop an employer from testing applicants for marijuana at all?
No. Nevada employers may still administer pre-employment screening. The statute restricts what the employer may do with a positive marijuana result, not whether the test can be given, and the four exceptions in subsection 2 allow a hiring decision based on a positive marijuana result for firefighters, EMTs, driving positions subject to federal or state testing law, and positions the employer determines could affect the safety of others.
Who pays for the retest under NRS 613.132?
The statute puts the cost on the employee. If an employer requires testing within the first 30 days of employment, the employee may submit to an additional screening test at the employee's own expense to rebut the initial result, and the employer must accept and give appropriate consideration to that second result.
Can a Nevada employer still discipline a current employee for a positive marijuana test?
NRS 613.132 addresses failing or refusing to hire a prospective employee based on a screening test. It does not address discipline of existing employees. Policies covering current employees, reasonable suspicion testing, post-accident testing or safety sensitive duties should be reviewed against the specific facts and, where needed, with employment counsel.
How does marijuana affect a Nevada workers compensation claim?
Under NRS 616C.230, if an employee is under the influence of a controlled substance at levels the statute specifies, including a blood threshold for delta-9-tetrahydrocannabinol, compensation for an injury is not payable unless the employee proves by clear and convincing evidence that the substance was not the proximate cause of the injury.
Does federal law override Nevada's marijuana hiring rule?
NRS 613.132 states that its hiring rule does not apply to the extent it conflicts with federal law or to a position funded by a federal grant. Positions subject to United States Department of Transportation testing rules under 49 CFR Part 40 continue to follow that federal framework.
Does a rapid marijuana screen confirm actual impairment?
No. A screening test, whether a urine cup or an oral fluid device, detects the general presence of a substance or its metabolites and is a presumptive result. It does not measure impairment at the moment of testing, and a nonnegative screen is generally confirmed with a laboratory method before any adverse action is taken.
Sourcing Compliant Testing Supplies
American Screening Corporation supplies drug test cups, dip cards and oral fluid devices that employers use for pre-employment and workplace testing programs, along with lab confirmation services for nonnegative screens. Browse the current lineup at americanscreeningcorp.com/collections/drug-test-cups. For a broader look at how other states approach marijuana and workplace testing, see our overview of workplace drug testing laws by state and our companion piece on marijuana legalization and workplace drug testing.
This article is general information for employers and is not legal advice. Nevada drug testing rules can change and individual facts vary, so employers should confirm current requirements against the primary sources cited here and consult qualified employment counsel before adopting or changing a testing policy.
