• Nevada
  • State law

Drug Testing Laws in Nevada

Short answer

Nevada protects applicants, not employees. An employer may not fail or refuse to hire you because a screening test showed the presence of marijuana. If you are hired, a second right follows: within your first 30 days you may take an additional screening test at your own expense to rebut the first result, and the employer must accept it and give it appropriate consideration. The exceptions are wide, though, and one of them is unusually soft. Firefighters, emergency medical technicians, motor vehicle operators where law requires screening, federal-grant-funded positions, anything conflicting with federal law or a collective bargaining agreement, and any position that, in the employer's own determination, could adversely affect the safety of others.

Last verified 18 Aug 2026

This page describes Nevada law only. If your role is federally regulated, federal rules apply on top of anything here and generally govern the test itself. This is general information, not legal advice.

Private employers

State law (Nevada): This is a hiring rule and nothing more. It is unlawful for an employer to fail or refuse to hire a prospective employee because that person submitted to a screening test whose results indicated the presence of marijuana Source 1State legislatureNRS 613.132 — unlawful to refuse to hire prospective employee for marijuana screening result — checked 18 Aug 2026.

Employer policy: It doesn't restrict testing of current employees, and it doesn't restrict testing for anything other than marijuana. Once you are on the payroll, your position rests on the employer's written policy rather than on this section.

Pre-employment testing

State law (Nevada): The prohibition falls away for anyone seeking a position as a firefighter, as an emergency medical technician, or as a motor vehicle operator for whom federal or state law requires screening tests Source 1State legislatureNRS 613.132 — unlawful to refuse to hire prospective employee for marijuana screening result — checked 18 Aug 2026.

State law (Nevada): It also falls away where it would conflict with an employment contract or a collective bargaining agreement, where it would conflict with federal law, or where the position is funded by a federal grant Source 1State legislatureNRS 613.132 — unlawful to refuse to hire prospective employee for marijuana screening result — checked 18 Aug 2026.

Employer policy: Read the federal-grant exception closely if you are applying in a sector that runs on federal money. It isn't limited to regulated safety roles. It turns on how the position is funded.

Cannabis and employment

State law (Nevada): The rebuttal right is the distinctive part, and it is genuinely useful. Within the first 30 days of employment an employee may submit to an additional screening test, at their own expense, to rebut the results of the initial screening test, and the employer shall accept and give appropriate consideration to those results Source 1State legislatureNRS 613.132 — unlawful to refuse to hire prospective employee for marijuana screening result — checked 18 Aug 2026.

Two limits on that. It is your money, and “appropriate consideration” is not the same as a requirement to act on it. But an employer that ignores a rebuttal test outright is not doing what the section says Source 1State legislatureNRS 613.132 — unlawful to refuse to hire prospective employee for marijuana screening result — checked 18 Aug 2026.

Safety-sensitive roles and exemptions

State law (Nevada): The safety exception is the soft spot: a position that, in the determination of the employer, could adversely affect the safety of others Source 1State legislatureNRS 613.132 — unlawful to refuse to hire prospective employee for marijuana screening result — checked 18 Aug 2026.

Compare Washington, where the equivalent carve-out is a statutory standard: a safety-sensitive position for which impairment while working presents a substantial risk of death. Nevada hands the judgment to the employer and sets the bar at “could adversely affect”. That is a considerably easier exception for an employer to reach, and it is the first thing to check before you rely on the protection.

How federal rules interact

Federal (DOT): The section doesn't apply where it would conflict with federal law, and motor vehicle operators subject to required screening are excluded by name Source 1State legislatureNRS 613.132 — unlawful to refuse to hire prospective employee for marijuana screening result — checked 18 Aug 2026. A DOT-regulated test is untouched by it.

What this page doesn't cover, and we would rather name it than let you assume it: Nevada's rules on testing current employees, notice requirements, laboratory standards and confirmation procedure. The section we read addresses hiring and the 30-day rebuttal. We have not verified a Nevada statute covering the rest.

Not yet verified for Nevada

We publish a topic only once it has been checked against Nevada's own statutes or agency guidance. These are still in research, and their absence above does not mean there is no rule:

  • Random testing
  • Medical cannabis
  • Notice requirements

For these, go to the state's own labour agency rather than a general article.

Official sources

Every factual claim above is drawn from these sources. Each was opened and checked on the date shown. Where a rule differs between agencies, the source that governs is named in the text.

  1. State legislature · NRS 613.132

    NRS 613.132 — unlawful to refuse to hire prospective employee for marijuana screening result

    Checked 18 Aug 2026
    View official source ↗ (opens in a new tab)