Jurisdiction: Nevada

Coronavirus Fallout: April Recreational Sales Rise in Some States, Decline in Others

As we previously discussed on our blog (here, here, and here), the cannabis industry, like most industries, is facing challenges related to the coronavirus pandemic. For example, recreational marijuana dispensaries in Massachusetts were not deemed to be essential businesses and were therefore required to close under the state’s emergency order.

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It’s Complicated: Tax Revenue From Recreational Marijuana Remains Difficult to Estimate

“In this world nothing can be said to be certain, except death and taxes.” The Works of Benjamin Franklin, 1817. That idiom remains true today, and with the legalization of recreational marijuana markets, it was widely accepted that the taxes would allow state and local governments to plug budgetary shortfalls.

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Shifting Landscape: Marijuana Employment Law Starting to Trend in Favor of Employees

Marijuana-related employment lawsuits are on the rise as more workers who have been fired or denied a job over their marijuana use are utilizing litigation to challenge the decisions. This, in turn, is forcing employers to formulate new strategies to balance the risk of litigation against the possibility of impaired employees hurting someone on the job, damaging the business, or possibly even worse.

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Nevada Bans Employers from Refusing to Hire Applicants that Test Positive for Marijuana

Starting January 1, 2020, employers in Nevada will be prohibited from failing or refusing to hire a prospective employee because of a positive test for marijuana. Assembly Bill No. 132 was signed into law by Governor Steve Sisolak on June 5, 2019, making Nevada the first state to enact such a prohibition (while Maine forbids employers from discriminating based on marijuana usage, it has no law specific for pre-employment drug testing).

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