Louisiana Drug Testing Laws and Regulations
|Statute of Order:||La. Rev. Stat. §49:1001 et seq., §23:1601(1), §46:460.4|
|Covered Employers:||Public and private employers not subject to a federally mandated testing program.|
|Applicant Testing:||Applicant testing not restricted.|
|Employee Testing:||Employee testing authorized, but employer may not discharge an employee on the basis of first-time positive test findings. Employees who are discharged for drug use, on or off the job, may be disqualified from receiving unemployment compensation. Employees of state contractors are subject to random testing. Those who are employed under safety-sensitive positions are required to undergo drug testing. These positions are those that entail safety inspection of a building or structure; those that have access to correctional facilities and inmates; those that carry firearms; those who have access to controlled drugs and substances; those who handle, transport and inspect hazardous waste materials; and those who handle power plant equipments, heavy machineries and public vehicles. Student employees and student interns, temporary and part-time employees may be subjected to drug testing.|
|Conditions & Methods:||Methods to assure privacy for employee in collection of specimen, but a witness may be present in case of post- accident testing and testing performed on suspicion of substance abuse, or when there is reason to doubt the integrity of the specimen. Confirming test using different testing method after positive result.|
|Medical Marijuana Law:||Based on Marijuana Policy Project, a group of advocates’ intent on legalizing medical marijuana in Louisiana, the state has limited laws regarding the use of medical marijuana. In the 1978 stature, the state of Louisiana has the authority to distribute marijuana supplied by the federal government to patients with some type of cancers and glaucoma who are part of research programs. In 1991, the bill was amended to include patients with some form of paralysis. Currently, Louisiana has medical marijuana law that allows doctors to prescribe marijuana for medical purposes and for patients to possess marijuana if it is bought trough legal prescription. However, under state law, there is no legal supplier of marijuana in Louisiana. In essence, the state of Louisiana has no real and practical legislation regarding the use of medical marijuana for patients with debilitating diseases. In related news, the Louisiana House of Representatives approved House Bill 103 which basically reduces the penalty for the possession of marijuana for second and succeeding offenses.|
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