§ 49:1016 — Employment discrimination; physician recommended marijuana

§1016. Employment discrimination; physician recommended marijuana
A. No state employer shall subject an employee or prospective employee to negative
employment consequences based solely on a positive drug test for marijuana, marijuana
components, including tetrahydrocannabinols, or marijuana metabolites if the employee or
prospective employee has been clinically diagnosed as suffering from a debilitating medical
condition and a licensed physician has recommended marijuana for therapeutic use by the
employee in accordance with R.S. 40:1046.
B. Subsection A of this Section shall not be construed to prohibit the imposition of
negative employment consequences on an employee who uses or is impaired by marijuana
on the premises of the employer or during work hours or an employee whose principal
responsibility is to operate a state vehicle, maintain a state vehicle, or supervise any
employee who drives or maintains a state vehicle.
C. The provisions of this Section shall not apply to emergency medical services, law
enforcement, public safety officials, any state employee of the horse racing commission, and
firefighter services.

Legislative History

Acts 2022, No. 651, §1.