We thank the Review-Journal for discussing legal marijuana in the context of employment law in the recent article, “Legal pot creates issues for employers.” We are of the position that, under Nevada law and the state constitution, an employer cannot terminate an employee for the employee’s legal use of marijuana.
For instance, we maintain that, under NRS 613.333, the state’s lawful use statute, an employer cannot discharge or otherwise discriminate against any employee for engaging in the lawful use of marijuana outside the premises of the employer during the employee’s nonworking hours. Furthermore, it is our position that, under NRS 453A.800, Nevada’s reasonable accommodation statute, an employer must attempt to accommodate medical marijuana cardholders in their respective medical marijuana use.
Consequently, we maintain that an employer is prohibited from terminating an employee for lawful medical marijuana use if such use does not pose a threat of harm to others or impose an undue hardship on the employer and the employee can fulfill his or her job responsibilities.
It is also our position that Nevada’s lawful use statute and Nevada’s reasonable accommodation statute apply to gaming employers because such laws are not inconsistent with Nevada gaming laws and do not conflict with federal law. We believe that gaming employers, too, cannot terminate an employee for engaging in the lawful use of marijuana, as stated in the article. It is an advancing area of the law, and we are grateful to see it discussed.