Louisiana - Considerations for Marijuana in the Workplace

Last Update on April 18, 2023

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.

Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

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. 40:1046 – Therapeutic use of marijuana
Louisiana Rev. Stat. Ann. 23:1601 – Unemployment related
Louisiana Rev. Stat. Ann. 23:1081 – Workers’ compensation related

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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Drug Testing Laws for Louisiana

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Louisiana - Considerations for Marijuana in the Workplace

Medical
Marijuana Law:

Recreational
Marijuana Law:

Employer Concerns – Significant to Review

Testing

Hiring/Termination

Discipline

Use/Possession

Other Impacting Laws

Sources

Drug Testing in Louisiana

Drug Testing Laws for Louisiana

Other States Marijuana Considerations

Set Up An Employer Account

Join Our Collection Site Network

Drug Testing Information

Navigation

Louisiana - Considerations for Marijuana in the Workplace

MedicalMarijuana Law:

RecreationalMarijuana Law:

Employer Concerns – Significant to Review

Testing

Hiring/Termination

Discipline

Use/Possession

Other Impacting Laws

Sources

Drug Testing in Louisiana

Drug Testing Laws for Louisiana

Other States Marijuana Considerations

Set Up An Employer Account

Join Our Collection Site Network

Drug Testing Information

Navigation

Medical
Marijuana Law:

Recreational
Marijuana Law: