Louisiana - Considerations for Marijuana in the Workplace

Medical
Marijuana Law:

Recreational
Marijuana Law:

Employer Concerns – Significant to Review

  • 2022 law prohibits public employers from subjecting employees or applicants to negative employment consequences based solely on a positive drug test for cannabis, cannabis components, or cannabis metabolites if the individual has been clinically diagnosed as suffering from a debilitating medical condition and a licensed physician has recommended cannabis for therapeutic use by the individual in accordance with state law.
  • Relevant to an employer is the fact that although Louisiana has a list of medical conditions for which a physician can recommend cannabis, in 2020 a clause was added (LA RS 40:1046 A(2)(xxii)) “any condition not otherwise specified…that a physician, in his medical opinion, considers debilitating to an individual patient and is qualified through his medical education and training to treat.”
  • 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.

Sources

(e.g., Bill Number, Authority)
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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