Earlier this month, the Nevada Supreme Court ruled that an employee’s off-duty use of recreational marijuana, which is lawful under Nevada law, is not protected under a law that prohibits employers from discharging employees from the off-duty use of lawful products, because marijuana is illegal under federal law. Ceballos v. NP Palace, LLC d/b/a Palace Station Hotel & Casino, No. 82791 (Aug. 11, 2022).
Danny Ceballos worked as a table games dealer at Palace Station for more than a year, with no performance or disciplinary issues. But toward the end of his shift on June 25, 2020, he slipped and fell in the employee breakroom. Palace Station security responded, first assisting Ceballos, then requiring him to submit to a drug test.
