Lack of clarity in Nevada’s medical marijuana law opens the door for litigation over employer requirements to accommodate workers who use medicinal marijuana, lawyers told a state advisory panel Wednesday.
Edwin Keller Jr. and Robert Spretnak, labor and employment law attorneys, told the Advisory Commission on the Administration of Justice that a constitutional amendment passed by voters in 2000 legalizing marijuana for medical use did not require employers to accommodate workers who use it.
But a law passed by the 2013 Legislature setting up a regulatory and taxing structure to implement commercial medical marijuana is ambiguous and ripe for legal action, they said.
“One thing we share is, there’s a lack of guidance due to the ambiguities in the statutes,” said Spretnak, who represents employees in his legal practice. Keller is an employer attorney.
The state law says employers are not required to allow use of medical marijuana in the workplace or modify jobs or working conditions for someone who does.
But the law also says an employer must “attempt to make reasonable accommodations” for employees who hold a valid medical marijuana card so long as marijuana use doesn’t pose a threat of harm or danger, cause undue hardship on the employer, or prohibit the employee from fulfilling any or all of their responsibilities. [Read more at the Las Vegas Review Journal]