As employers know, marijuana laws and opinions regarding marijuana use for both medical and recreational purposes are rapidly changing. Marijuana remains a Schedule I controlled substance under the federal Controlled Substances Act (CSA); however, this has not stopped states from decriminalizing and expanding protections to employees who use marijuana.
Until recently, employers could, and regularly did, discipline (terminate employment of) employees for testing positive for marijuana use. Now, however, courts across the country are starting to change their position on when and how employers can discipline employees for using marijuana.
For more, including insight into developments for Nevada employers, see here.