If you’re a medical cannabis patient in Nevada, smoke up: medical cannabis patients in the state were recently empowered to consume cannabis on their own time after a landmark decision in court.
On December 1, the Nevada Supreme Court ruled that employees in the state have the right to sue their former employees if they were terminated for consuming cannabis off the clock. Keep in mind, however, that adult-use cannabis consumers in the state aren’t exactly provided the same protections.
The ruling dates back three years, when Jim Roushkolb filed the lawsuit in the Eighth District Court in November 2019.
“It relaxes me,” Roushkolb told FOX affiliate KTNV, who suffers from PTSD and numerous other conditions. In 1995, Roushkolb was severely attacked when a former inmate assaulted him in his car as a corrections officer in Ohio.
“He opened the door, and he grabbed me, and he just hit me in the head with a pipe,” he said, “and just started beating me in the head, and he took his thumb and jammed it in my eye like that and tore my retina.”
Roushkolb used cannabis to ease PTSD symptoms and anxiety, but then in 2018, his employer, Freeman Expositions LLC, fired him on the spot after he tested positive for THC, which he was taking legally as a medical cannabis patient in Nevada.
His attorney Christian Gabroy immediately recognized a clear-cut case.
“The company acted discriminatory, this company violated his rights, and this multi-jurisdictional, multi-million dollar company, they terminated him in violation of Nevada law,” Gabroy said.
Not the Same For Adult-Use in Nevada
Recreational cannabis smokers in Nevada might not get the same outcome in court. NORML pointed out last September that recreational cannabis consumers and patients are subject to a different set of parameters.
Nevada law limits employers from punishing workers who are enrolled in the state’s medical cannabis access program. Furthermore, a 2019 law makes it “unlawful for any employer in [Nevada] to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.”
But good luck fighting it in court if you’re fired for a drug test. As it turns out—there’s plenty of legal precedent on the matter: Just last August, the Nevada Supreme Court denied a similar lawsuit for an employee fired for testing positive for THC.
The Nevada Supreme Court upheld a lower court’s decision to dismiss a complaint by an employee who was fired for testing positive for THC for a routine test after getting in an accident.
In the case of Ceballos v. NP Palace, LLC, the employee said that the positive THC result was due to his use of recreational cannabis at home, and that he was not intoxicated or impaired at work, complying with state law.
Nevada law under NRS 613.333(1) makes it unlawful for employers to “[d]ischarge . . . any employee . . . because the employee engage[d] in the lawful use in this state of any product outside the premises of the employer during the employee’s nonworking hours” so long as “that use does not adversely affect the employee’s ability to perform his or her job or the safety of other employees.”
However, Nevada judges ruled that federal law—and the federal status of cannabis—also applies in that clause, and the plaintiff’s complaint was denied. A similar decision was reached by the Colorado Supreme Court in 2015. Using this logic, however, medical cannabis would also be illegal under federal law.