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NRS 613.333 creates a private right of action in favor of an employee discharged from employment for engaging in the lawful use in this state of any product outside the employer’s premises during the employee’s nonworking hours. Although marijuana is legal in Nevada, because federal law criminalizes marijuana in Nevada, its use is not “lawful . . . in this state” and, therefore, does not provide for a private right of action. Further, an employee discharged for testing positive for recreational marijuana at work does not have a common-law tortious discharge claim under NRS 678D.510(1)(a).

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