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Marijuana Legalization by State.
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Our intent is to make drug screening compliance as simple as possible. you don’t have to be a constitutional law scholar to conduct workplace drug testing in Louisiana.
Louisiana is a “mandatory” state, which means any employer wishing to conduct drug and/or alcohol testing within this state must do so according to the statute, regulations, and court decisions that apply. The law (Title 40, 1001 to 1021) does not require that any employer must conduct drug or alcohol testing. Testing is your choice.
This over view is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.
Louisiana’s drug testing law focuses primarily on how testing may be done. It does not address other aspects of a testing program such as who may be tested and when .
This law was originally enacted in 1990 and has been amended numerous times. More recently, on June 5, 2015, Governor Jindal signed HB 379 allowing employers to use hair testing if they wish. This law focuses on what to test for, where testing may be conducted, how tests must be conducted and post-test procedures. It does not address who or when employers may test or the consequences of a policy violation.
Key statute RS 49:1001
" 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. For the purposes of this Chapter, an employee who is a person, firm, or corporation that contracts or subcontracts with a principal need not be considered, in whole or in part, to be an employee of such principal.”
State law does not limit the Company’s choice of discipline. State law indicates that the Company may, but is not required to, offer any employee with a positive test an opportunity at rehabilitation.
Q1. Can I do a random testing for my employees in Louisiana? Yes:
Answer is “Yes”
The Louisiana state statute allows testing for the presence of marijuana, opioids, cocaine, amphetamines, and phencyclidine, but does not preclude or regulate the testing for drugs other than those specified above, or other controlled substances as defined in 21 U.S.C. 812, Schedules I, II, III, IV, and alcohol. Testing for substances beyond those considered to be “illegal” could raise issues with the Americans with Disabilities Act.
This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.
All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.
Medical Use: As long as the employee or applicant is a registered medical cannabis patient who received a marijuana recommendation from a licensed physician an employer cannot give negative employment consequences. Employers can still penalize employees who appear intoxicated from marijuana usage during work hours. State employers can not subject an employee or applicant to negative employment consequences based solely on a positive drug test for marijuana if they are a medical cardholder.
Personal Use: The overall state of Louisiana has not approved marijuana for personal use; however, in July 2021, the governor signed a bill to decriminalize marijuana possession.
For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner
No know court cases at this time.