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Nevada drug testing laws for employers
Nevada has no general drug testing statute for private employers. Most employers cannot refuse to hire an applicant just because a pre-employment test found marijuana, with exceptions for safety jobs. Adult-use cannabis is legal, but employers may keep workplace policies that ban or limit it.
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The state law
- We found no general state statute that sets drug testing rules for private employers (no statute found).
Testing applicants
- You may not refuse to hire an applicant because a screening test found marijuana (NRS 613.132(1)).
- This does not apply to firefighters, EMTs, driving jobs where federal or state law requires drug tests, or jobs that you determine could affect the safety of others (NRS 613.132(2)).
- It also does not apply where it conflicts with an employment contract, a union contract or federal law, or to a job funded by a federal grant (NRS 613.132(4)).
- A screening test here means a test of blood, urine, hair or saliva (NRS 613.132(5)).
- If you test a new employee in their first 30 days, they may take a second test at their own cost, and you must accept and consider that result (NRS 613.132(3)).
Random testing
- We found no state law that limits random testing by private employers (no statute found).
Marijuana (recreational)
- Nevada's hiring rule protects applicants who test positive for marijuana, except in the listed safety jobs (NRS 613.132).
- The adult-use cannabis law lets employers keep and enforce workplace policies that ban or limit cannabis use (NRS 678D.510(1)(a)).
- You do not have to allow medical cannabis use in the workplace (NRS 678C.850(2)).
- For an employee with a valid medical cannabis registry card, you must try to make reasonable accommodations unless that would threaten safety, cause undue hardship, or keep them from doing all their job duties (NRS 678C.850(3)).
Also good to know
- Workers' comp is not payable for an injury that happened while the worker had a listed drug, including THC, in their system at or above the statute's levels, unless the worker proves by clear and convincing evidence the drug did not cause the injury (NRS 616C.230(1)(d)).
- A lab that tests for drugs or alcohol for a workers' comp claim must be licensed under NRS chapter 652 (NRS 616C.230(2)(b)).
Common questions
Is drug testing legal for employers in Nevada?
Nevada has no general drug testing statute for private employers. Most employers cannot refuse to hire an applicant just because a pre-employment test found marijuana, with exceptions for safety jobs. Adult-use cannabis is legal, but employers may keep workplace policies that ban or limit it.
Can employers in Nevada test applicants before hiring?
You may not refuse to hire an applicant because a screening test found marijuana (NRS 613.132(1)).
Is random drug testing allowed in Nevada?
We found no state law that limits random testing by private employers (no statute found).
Can a Nevada employer act on a positive marijuana test?
Nevada's hiring rule protects applicants who test positive for marijuana, except in the listed safety jobs (NRS 613.132).
Some rules for Nevada weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- NRS 613.132 and 613.333, Chapter 613 (official, revised Sept 2026)
- NRS 678D.510, Chapter 678D (official)
- NRS 678C.850, Chapter 678C (official)
- NRS 616C.230, Chapter 616C (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.