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Marijuana Considerations & Laws In Louisiana

Medical Marijuana Law:

Recreational Marijuana Law:

No Broad Laws Legalizing Marijuana*:

*In these states, marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.


Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.

What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.


Read more employment specific information on:

Employer Concerns

  • Although Louisiana has legalized medical marijuana for qualifying individuals with a physician’s recommendation, the law does not address employer concerns or employment protections.
  • An employer doing drug testing in compliance with the state’s drug testing law (which includes testing for marijuana), may qualify for liability protection.
  • Louisiana has unemployment and workers’ compensation voluntary laws that, although not required, with compliance, an employer has greater latitude to deny claims.

Testing

  • An employer doing drug testing in compliance with the state’s drug testing law (which includes testing for marijuana), may qualify for liability protection.

Hiring/Termination


Discipline


Use/Possession

  • Prohibits possession and consumption of raw cannabis materials (whole plant).
  • Smoking is prohibited.
  • Consumption in public is prohibited.

Other Impacting Laws (e.g. drug testing, workers’ compensation, unemployment)

  • Louisiana has unemployment and workers’ compensation voluntary laws that, although not required, with compliance, an employer has greater latitude to deny claims.
  • An employee who refuses to take an employer’s pre-announced drug test or who tests positive for marijuana, can be discharged for misconduct and thereby disqualified for unemployment compensation.
  • If an employee refuses a drug test or tests positive for marijuana in a drug test following a qualifying accident, he or she will be presumed intoxicated and thereby not eligible for workers’ compensation.

Miscellaneous


Sources (e.g. Bill Number, Authority)

  • Louisiana Rev. Stat. 40:1046 – Medical marijuana
  • Louisiana Rev. Stat. 49-1001 to 1012 – Drug testing related
  • Louisiana Rev. Stat. Ann. 23:1601 – Unemployment related
  • Louisiana Rev. Stat. Ann. 23:1081 – Workers’ compensation related

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DISCLAIMER: This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

CAUTION: Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

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