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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57709
Experience:  Licensed attorney helping employers and employees.
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I own a tour business in Las Vegas NV and I am being

Customer Question

Hello, I own a tour business in Las Vegas NV and I am being required to apply for a gaming license with the state in order to conduct business on the Casino property. They are now asking me to do a urine and hair drug test that I already know I am not going to clear. I smoke Marijuana on a regular basis to relieve my depression and anxiety. It is Legal recreationally in Nevada as well. Can the state pull my business license because of this?
JA: Can you tell me what state this is in?
Customer: Nevada
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I am one of the owners of the company
JA: Anything else you want the lawyer to know before I connect you?
Customer: Our company does not require drug tests, this is something the state is asking for.
Submitted: 1 month ago.
Category: Employment Law
Customer: replied 1 month ago.
Also can I legally decline to take this test?
Expert:  Infolawyer replied 1 month ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 1 month ago.

You would need to take the test. Practically you may want to seek to postpone the date until you are better positioned to take it.

Customer: replied 1 month ago.
This is what they sent me however I am not an Independent Host or Promoter or am I acting as one. I am one of the owners of the company that only does business in our office and I personally do not conduct business on the casino floor. We have hosts that work for our company that are the ones actually at the casinos.As part of your registration process and in accordance with Regulation 5.345(3)(h); in order to conduct business as an Independent Host or Promoter, you are required to have a drug test performed. You must take the attached Drug Collection Form Request to the address below within three (3) business days of this email to the collection site listed below.
Expert:  Infolawyer replied 1 month ago.

You can object on that personal ground and seek a review, which also buys you additional time should they conclude that based on your ownership interest, you would still need to take the exam.

Customer: replied 1 month ago.
Would it be in my best interest to be honest and just say I am not going to pass this drug test due to marijuana and can they pull my state business license because of this? It is legal in Nevada to use recreationally so I technically have not broken any state laws.
Expert:  Infolawyer replied 1 month ago.

I would not recommend such honesty as it could adversely affect your business. If you had a prescription or otherwise doing so legally, then you may do so.

Expert:  Infolawyer replied 1 month ago.
Please let me know if the reply is acceptable by responding "yes" or "acceptable". if I can elaborate on anything, just ask me. Kindly rate me five stars.
Expert:  Infolawyer replied 1 month ago.
Awaiting your reply, thank you!
Customer: replied 1 month ago.
OkI didn't really get an answer for my question yet? Can my business license be taken from me for failing this test if I have been in business for multiple years before this new guideline started and marijuana is legal in our state?
Expert:  Infolawyer replied 1 month ago.
It would not be taken away where the activity is legal as long as you don't test for illegal substances.