Restriction on pre-employment marijuana testing

(a) An employer may only test a prospective employee for marijuana use after a conditional offer of employment has been extended, unless otherwise required by law. (b) Nothing in this chapter shall be construed to: (1) Affect employee compliance with employer workplace drug policies; (2) Require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or at any time during employment; (3) Interfere with federal employment contracts; or (4) Prevent the employer from denying a position based on a positive test for marijuana. (c) For the purposes of this section, the term: (1) “Employer” shall have the same meaning as provided in § 32-1101(6). (2) “Prospective employee” means any individual applying for employment with an employer.