Effective May 20, 2020, Hire Image says that it has become an unlawful discriminatory practice for an employer, labor organization, employment agency, or agent to require a prospective employee to submit to a drug test for the presence of any THC or marijuana as a condition of employment.

There are exceptions for certain applicants and types of employment.  As such, pre-employment marijuana testing will continue to be permissible for:

  • Police officers or other law enforcement jobs
  • Certain construction and maintenance jobs
  • Positions requiring a commercial driver’s license
  • Positions requiring supervision of children, medical patients, or certain individuals with physical and cognitive disabilities
  • Any position with the potential to significantly impact the health or safety of employees or members of the public

The pre-employment marijuana testing ban is a law that is first of its kind.

As a follow-up, Nevada has followed in New York City’s footsteps with a similar prohibition to their drug screening laws.