Louisiana Revised Statutes 49:1016 – 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, i
Terms Used In Louisiana Revised Statutes 49:1016
- Employee: means any person, paid or unpaid, in the service of an employer, as defined in this Section. See Louisiana Revised Statutes 49:1001
- Employer: means any person, firm, or corporation, including any governmental entity, that has one or more workers or operators employed, or individuals performing service, in the same business, or in or about the same establishment, under any contract of hire or service, expressed or implied, oral or written; however, "employer" for the purposes of this Chapter shall not include any person, firm, or corporation that is subject to a federally mandated drug testing program. See Louisiana Revised Statutes 49:1001
- negative employment consequences: include but are not limited to termination of employment, refusal to hire, or altered conditions of employment such as counseling, probation, suspension, and demotion. See Louisiana Revised Statutes 49:1001
- Prospective employee: means any person who has made application to an employer, whether written or oral, to become an employee. See Louisiana Revised Statutes 49:1001
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 La. Rev. Stat. 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.
Acts 2022, No. 651, §1.