Nevada’s medical marijuana law, Nevada SB 374, explicitly states that it does not “require any employer to allow the medical use of marijuana in the workplace.” However, the law further states that it does not “require an employer to modify the job or working conditions of a person who engages in the medical use of marijuana that are based upon the reasonable business purposes of the employer but the employer must attempt to make reasonable accommodations for the medical needs of an employee who engages in the medical use of marijuana if the employee holds a valid registry identification card, provided that such reasonable accommodation would not: (a) Pose a threat of harm or danger to persons or property or impose an undue hardship on the employer; or (b) Prohibit the employee from fulfilling any and all of his or her job responsibilities.” There have been a handful of legal challenges to medical marijuana laws in other states and thus far, the outcomes have been favorable for employers. Employers should be cognizant of the laws in the states in which they operate before deciding on a course of action with respect to medical marijuana users.

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