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Nevada Court Rejects Claim That Off-Duty Marijuana Use Is “Lawful” Because It Still Is Illegal Under Federal Law

August 25, 2022

Via: LexBlog
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The Supreme Court of Nevada upheld the dismissal of a lawsuit by an employee who was terminated after testing positive for marijuana on a post-accident drug test. The Court rejected the employee’s claims that his use of marijuana outside of work hours was “lawful use” under state law. Ceballos v. NP Palace, LLC, No. 82797 (Nev. Aug. 11, 2022).

The employee worked as a table games dealer at a casino. After he slipped and fell in the break room, he was required to take a post-accident drug test. He tested positive for marijuana and his employer terminated his employment. He subsequently filed suit.

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