RÉSUMÉ DIGEST
ACT 651 (HB 988) 2022 Regular Session Landry
New law provides relative to persons employed by the state being treated with medical
marijuana.
Existing law (R.S. 40:1046) authorizes a licensed physician to recommend, in any form as
permitted by the rules and regulations of the La. Bd. of Pharmacy, raw or crude marijuana,
tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols for therapeutic use
by any patient clinically diagnosed as suffering from a debilitating medical condition.
Existing law (R.S. 49:1015) authorizes a public employer to:
(1) Require employees, as a condition of continued employment, to be tested for the
presence of drugs following an accident during the course and scope of his
employment, under other circumstances which result in reasonable suspicion that
drugs are being used, or as a part of a monitoring program established by the
employer to assure compliance with terms of a rehabilitation agreement.
(2) Require prospective employees, as a condition of hiring, to be tested for the presence
of drugs.
(3) Implement a program of random drug testing of those employees who occupy safety-
sensitive or security-sensitive positions.
Existing law (R.S. 49:1001) provides that negative employment consequences means any
action which negatively impacts an employee's or prospective employee's employment status,
including termination of employment, refusal to hire, or altered conditions of employment
such as counseling, probation, suspension, and demotion.
New law prohibits a state employer from subjecting an employee or prospective employee
to negative employment consequences based solely on a positive drug test for marijuana 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 existing law.
New law provides that new law shall not be construed to prohibit the imposition of negative
employment consequences on an employee when:
(1) The employee uses or is impaired by marijuana on the premises of the employer or
during work hours.
(2) The employee's principal responsibility is to operate or maintain a state vehicle.
(3) The employee is a supervisor of any employee who drives or maintains a state vehicle.
New law provides that new law shall not apply to emergency medical services, law
enforcement, public safety officials, any state employee of the horse racing commission, and
firefighter services.
Effective August 1, 2022.
(Adds R.S. 49:1016)