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Weeding Out: A Series on Marijuana in the Workplace

For employers, the legal, yet not-so-legal, state of marijuana currently presents a rather bizarre legal quagmire. Marijuana remains illegal under Federal law as it is classified in Schedule I of the Controlled Substances Act. This Federal classification implies that marijuana is one of the most dangerous and addictive drugs available. As a Schedule I substance, marijuana is classified with drugs which have no accepted medical use in treatment in the United States. And yet 37 states, three territories and the District of Columbia have “legalized” marijuana for medical use; 19 states, two territories and the District of Columbia allow recreational use of marijuana; and several states permit both recreational and medical marijuana use. Employers may often feel this tug-of-war between state and federal laws regarding marijuana when implementing workplace policies and procedures.

However, the legal status of marijuana as a half-legal and half-illegal drug may not be in “limbo” for much longer. On October 6, 2022, President Biden released a statement announcing his marijuana reform plan in which he asked the Secretary of Health and Human Services and the U.S. Attorney General to expeditiously review how marijuana is scheduled under Federal law. If marijuana is reclassified to a lower schedule of the Controlled Substances Act or removed altogether as a result of this review, it may no longer be an illegal substance under Federal law even though it will still be regulated (e.g. trafficking, marketing, and under-age sales). Employers will ultimately feel the impact of this change as it may affect how employers choose to address marijuana usage and will certainly influence drug policies currently in effect.

Whatever the status of marijuana, employers can still effectively manage workplaces without fear of reefer. The first step, as this series explores, is “weeding out” any ineffective policies and practices so that business can keep on rolling as usual. New articles will be added to this series below.

Discrimination Against State Employees in Louisiana

Most state marijuana legislation either exempts employers from having to accommodate medical marijuana use or restricts employers from testing for marijuana and discriminating against medical marijuana users. Thus, in some jurisdictions, such as Alabama, Alaska, Colorado, Mississippi, and Washington, employees may be terminated for a positive drug test resulting from medical marijuana use while in other jurisdictions, such as Arkansas, Illinois, New Jersey, Rhode Island, and West Virginia, terminating an employee based on their status as a medical marijuana user alone is an unlawful employment practice.

Louisiana’s therapeutic marijuana legislation was originally silent as to whether employers could discriminate against medical marijuana users. Recently, however, the State legislature has partially cleared the air on cannabis discrimination in the workplace. Effective August 1, 2022, State employers are prohibited from taking adverse employment actions against an applicant or employee based solely on a positive drug test for marijuana when the applicant or employee has been clinically diagnosed as suffering from a debilitating medical condition and has been recommended marijuana for therapeutic use by a licensed physician pursuant to the State’s therapeutic marijuana statute. The anti-discrimination provision does not apply to an employee who uses or is impaired by marijuana at the workplace or during work hours. Moreover, employees that operate or maintain State vehicles or who supervise employees that operate or maintain State vehicles, emergency medical service personnel, law enforcement, public safety officials, and any State employee of the horse racing commission and firefighter services are not covered by the anti-discrimination provisions of Louisiana’s marijuana legislation.

Discrimination based on medical marijuana use in accordance with Louisiana’s therapeutic marijuana legislation may be an unlawful employment practice for State employers, but the law remains silent as to private employers in Louisiana and neither prohibits nor exempts discriminatory employment practices based on marijuana use in the private sector. But should private employers implement similar policies or weed out employment drug testing altogether? Tune in next month as we explore this topic in more detail.

Weeding Out: A Series on Marijuana in the Workplace

For employers, the legal, yet not-so-legal, state of marijuana currently presents a rather bizarre legal quagmire. Marijuana remains illegal under Federal law as it is classified in Schedule I of the Controlled Substances Act. This Federal classification implies that marijuana is one of the most dangerous and addictive drugs available. As a Schedule I substance, marijuana is classified with drugs which have no accepted medical use in treatment in the United States. And yet 37 states, three territories and the District of Columbia have “legalized” marijuana for medical use; 19 states, two territories and the District of Columbia allow recreational use of marijuana; and several states permit both recreational and medical marijuana use. Employers may often feel this tug-of-war between state and federal laws regarding marijuana when implementing workplace policies and procedures.

However, the legal status of marijuana as a half-legal and half-illegal drug may not be in “limbo” for much longer. On October 6, 2022, President Biden released a statement announcing his marijuana reform plan in which he asked the Secretary of Health and Human Services and the U.S. Attorney General to expeditiously review how marijuana is scheduled under Federal law. If marijuana is reclassified to a lower schedule of the Controlled Substances Act or removed altogether as a result of this review, it may no longer be an illegal substance under Federal law even though it will still be regulated (e.g. trafficking, marketing, and under-age sales). Employers will ultimately feel the impact of this change as it may affect how employers choose to address marijuana usage and will certainly influence drug policies currently in effect.

Whatever the status of marijuana, employers can still effectively manage workplaces without fear of reefer. The first step, as this series explores, is “weeding out” any ineffective policies and practices so that business can keep on rolling as usual. New articles will be added to this series below.

Discrimination Against State Employees in Louisiana

Most state marijuana legislation either exempts employers from having to accommodate medical marijuana use or restricts employers from testing for marijuana and discriminating against medical marijuana users. Thus, in some jurisdictions, such as Alabama, Alaska, Colorado, Mississippi, and Washington, employees may be terminated for a positive drug test resulting from medical marijuana use while in other jurisdictions, such as Arkansas, Illinois, New Jersey, Rhode Island, and West Virginia, terminating an employee based on their status as a medical marijuana user alone is an unlawful employment practice.

Louisiana’s therapeutic marijuana legislation was originally silent as to whether employers could discriminate against medical marijuana users. Recently, however, the State legislature has partially cleared the air on cannabis discrimination in the workplace. Effective August 1, 2022, State employers are prohibited from taking adverse employment actions against an applicant or employee based solely on a positive drug test for marijuana when the applicant or employee has been clinically diagnosed as suffering from a debilitating medical condition and has been recommended marijuana for therapeutic use by a licensed physician pursuant to the State’s therapeutic marijuana statute. The anti-discrimination provision does not apply to an employee who uses or is impaired by marijuana at the workplace or during work hours. Moreover, employees that operate or maintain State vehicles or who supervise employees that operate or maintain State vehicles, emergency medical service personnel, law enforcement, public safety officials, and any State employee of the horse racing commission and firefighter services are not covered by the anti-discrimination provisions of Louisiana’s marijuana legislation.

Discrimination based on medical marijuana use in accordance with Louisiana’s therapeutic marijuana legislation may be an unlawful employment practice for State employers, but the law remains silent as to private employers in Louisiana and neither prohibits nor exempts discriminatory employment practices based on marijuana use in the private sector. But should private employers implement similar policies or weed out employment drug testing altogether? Tune in next month as we explore this topic in more detail.

Weeding Out: A Series on Marijuana in the Workplace

For employers, the legal, yet not-so-legal, state of marijuana currently presents a rather bizarre legal quagmire. Marijuana remains illegal under Federal law as it is classified in Schedule I of the Controlled Substances Act. This Federal classification implies that marijuana is one of the most dangerous and addictive drugs available. As a Schedule I substance, marijuana is classified with drugs which have no accepted medical use in treatment in the United States. And yet 37 states, three territories and the District of Columbia have “legalized” marijuana for medical use; 19 states, two territories and the District of Columbia allow recreational use of marijuana; and several states permit both recreational and medical marijuana use. Employers may often feel this tug-of-war between state and federal laws regarding marijuana when implementing workplace policies and procedures.

However, the legal status of marijuana as a half-legal and half-illegal drug may not be in “limbo” for much longer. On October 6, 2022, President Biden released a statement announcing his marijuana reform plan in which he asked the Secretary of Health and Human Services and the U.S. Attorney General to expeditiously review how marijuana is scheduled under Federal law. If marijuana is reclassified to a lower schedule of the Controlled Substances Act or removed altogether as a result of this review, it may no longer be an illegal substance under Federal law even though it will still be regulated (e.g. trafficking, marketing, and under-age sales). Employers will ultimately feel the impact of this change as it may affect how employers choose to address marijuana usage and will certainly influence drug policies currently in effect.

Whatever the status of marijuana, employers can still effectively manage workplaces without fear of reefer. The first step, as this series explores, is “weeding out” any ineffective policies and practices so that business can keep on rolling as usual. New articles will be added to this series below.

Discrimination Against State Employees in Louisiana

Most state marijuana legislation either exempts employers from having to accommodate medical marijuana use or restricts employers from testing for marijuana and discriminating against medical marijuana users. Thus, in some jurisdictions, such as Alabama, Alaska, Colorado, Mississippi, and Washington, employees may be terminated for a positive drug test resulting from medical marijuana use while in other jurisdictions, such as Arkansas, Illinois, New Jersey, Rhode Island, and West Virginia, terminating an employee based on their status as a medical marijuana user alone is an unlawful employment practice.

Louisiana’s therapeutic marijuana legislation was originally silent as to whether employers could discriminate against medical marijuana users. Recently, however, the State legislature has partially cleared the air on cannabis discrimination in the workplace. Effective August 1, 2022, State employers are prohibited from taking adverse employment actions against an applicant or employee based solely on a positive drug test for marijuana when the applicant or employee has been clinically diagnosed as suffering from a debilitating medical condition and has been recommended marijuana for therapeutic use by a licensed physician pursuant to the State’s therapeutic marijuana statute. The anti-discrimination provision does not apply to an employee who uses or is impaired by marijuana at the workplace or during work hours. Moreover, employees that operate or maintain State vehicles or who supervise employees that operate or maintain State vehicles, emergency medical service personnel, law enforcement, public safety officials, and any State employee of the horse racing commission and firefighter services are not covered by the anti-discrimination provisions of Louisiana’s marijuana legislation.

Discrimination based on medical marijuana use in accordance with Louisiana’s therapeutic marijuana legislation may be an unlawful employment practice for State employers, but the law remains silent as to private employers in Louisiana and neither prohibits nor exempts discriminatory employment practices based on marijuana use in the private sector. But should private employers implement similar policies or weed out employment drug testing altogether? Tune in next month as we explore this topic in more detail.

Weeding Out: A Series on Marijuana in the Workplace

For employers, the legal, yet not-so-legal, state of marijuana currently presents a rather bizarre legal quagmire. Marijuana remains illegal under Federal law as it is classified in Schedule I of the Controlled Substances Act. This Federal classification implies that marijuana is one of the most dangerous and addictive drugs available. As a Schedule I substance, marijuana is classified with drugs which have no accepted medical use in treatment in the United States. And yet 37 states, three territories and the District of Columbia have “legalized” marijuana for medical use; 19 states, two territories and the District of Columbia allow recreational use of marijuana; and several states permit both recreational and medical marijuana use. Employers may often feel this tug-of-war between state and federal laws regarding marijuana when implementing workplace policies and procedures.

However, the legal status of marijuana as a half-legal and half-illegal drug may not be in “limbo” for much longer. On October 6, 2022, President Biden released a statement announcing his marijuana reform plan in which he asked the Secretary of Health and Human Services and the U.S. Attorney General to expeditiously review how marijuana is scheduled under Federal law. If marijuana is reclassified to a lower schedule of the Controlled Substances Act or removed altogether as a result of this review, it may no longer be an illegal substance under Federal law even though it will still be regulated (e.g. trafficking, marketing, and under-age sales). Employers will ultimately feel the impact of this change as it may affect how employers choose to address marijuana usage and will certainly influence drug policies currently in effect.

Whatever the status of marijuana, employers can still effectively manage workplaces without fear of reefer. The first step, as this series explores, is “weeding out” any ineffective policies and practices so that business can keep on rolling as usual. New articles will be added to this series below.

Discrimination Against State Employees in Louisiana

Most state marijuana legislation either exempts employers from having to accommodate medical marijuana use or restricts employers from testing for marijuana and discriminating against medical marijuana users. Thus, in some jurisdictions, such as Alabama, Alaska, Colorado, Mississippi, and Washington, employees may be terminated for a positive drug test resulting from medical marijuana use while in other jurisdictions, such as Arkansas, Illinois, New Jersey, Rhode Island, and West Virginia, terminating an employee based on their status as a medical marijuana user alone is an unlawful employment practice.

Louisiana’s therapeutic marijuana legislation was originally silent as to whether employers could discriminate against medical marijuana users. Recently, however, the State legislature has partially cleared the air on cannabis discrimination in the workplace. Effective August 1, 2022, State employers are prohibited from taking adverse employment actions against an applicant or employee based solely on a positive drug test for marijuana when the applicant or employee has been clinically diagnosed as suffering from a debilitating medical condition and has been recommended marijuana for therapeutic use by a licensed physician pursuant to the State’s therapeutic marijuana statute. The anti-discrimination provision does not apply to an employee who uses or is impaired by marijuana at the workplace or during work hours. Moreover, employees that operate or maintain State vehicles or who supervise employees that operate or maintain State vehicles, emergency medical service personnel, law enforcement, public safety officials, and any State employee of the horse racing commission and firefighter services are not covered by the anti-discrimination provisions of Louisiana’s marijuana legislation.

Discrimination based on medical marijuana use in accordance with Louisiana’s therapeutic marijuana legislation may be an unlawful employment practice for State employers, but the law remains silent as to private employers in Louisiana and neither prohibits nor exempts discriminatory employment practices based on marijuana use in the private sector. But should private employers implement similar policies or weed out employment drug testing altogether? Tune in next month as we explore this topic in more detail.

Weeding Out: A Series on Marijuana in the Workplace

For employers, the legal, yet not-so-legal, state of marijuana currently presents a rather bizarre legal quagmire. Marijuana remains illegal under Federal law as it is classified in Schedule I of the Controlled Substances Act. This Federal classification implies that marijuana is one of the most dangerous and addictive drugs available. As a Schedule I substance, marijuana is classified with drugs which have no accepted medical use in treatment in the United States. And yet 37 states, three territories and the District of Columbia have “legalized” marijuana for medical use; 19 states, two territories and the District of Columbia allow recreational use of marijuana; and several states permit both recreational and medical marijuana use. Employers may often feel this tug-of-war between state and federal laws regarding marijuana when implementing workplace policies and procedures.

However, the legal status of marijuana as a half-legal and half-illegal drug may not be in “limbo” for much longer. On October 6, 2022, President Biden released a statement announcing his marijuana reform plan in which he asked the Secretary of Health and Human Services and the U.S. Attorney General to expeditiously review how marijuana is scheduled under Federal law. If marijuana is reclassified to a lower schedule of the Controlled Substances Act or removed altogether as a result of this review, it may no longer be an illegal substance under Federal law even though it will still be regulated (e.g. trafficking, marketing, and under-age sales). Employers will ultimately feel the impact of this change as it may affect how employers choose to address marijuana usage and will certainly influence drug policies currently in effect.

Whatever the status of marijuana, employers can still effectively manage workplaces without fear of reefer. The first step, as this series explores, is “weeding out” any ineffective policies and practices so that business can keep on rolling as usual. New articles will be added to this series below.

Discrimination Against State Employees in Louisiana

Most state marijuana legislation either exempts employers from having to accommodate medical marijuana use or restricts employers from testing for marijuana and discriminating against medical marijuana users. Thus, in some jurisdictions, such as Alabama, Alaska, Colorado, Mississippi, and Washington, employees may be terminated for a positive drug test resulting from medical marijuana use while in other jurisdictions, such as Arkansas, Illinois, New Jersey, Rhode Island, and West Virginia, terminating an employee based on their status as a medical marijuana user alone is an unlawful employment practice.

Louisiana’s therapeutic marijuana legislation was originally silent as to whether employers could discriminate against medical marijuana users. Recently, however, the State legislature has partially cleared the air on cannabis discrimination in the workplace. Effective August 1, 2022, State employers are prohibited from taking adverse employment actions against an applicant or employee based solely on a positive drug test for marijuana when the applicant or employee has been clinically diagnosed as suffering from a debilitating medical condition and has been recommended marijuana for therapeutic use by a licensed physician pursuant to the State’s therapeutic marijuana statute. The anti-discrimination provision does not apply to an employee who uses or is impaired by marijuana at the workplace or during work hours. Moreover, employees that operate or maintain State vehicles or who supervise employees that operate or maintain State vehicles, emergency medical service personnel, law enforcement, public safety officials, and any State employee of the horse racing commission and firefighter services are not covered by the anti-discrimination provisions of Louisiana’s marijuana legislation.

Discrimination based on medical marijuana use in accordance with Louisiana’s therapeutic marijuana legislation may be an unlawful employment practice for State employers, but the law remains silent as to private employers in Louisiana and neither prohibits nor exempts discriminatory employment practices based on marijuana use in the private sector. But should private employers implement similar policies or weed out employment drug testing altogether? Tune in next month as we explore this topic in more detail.

Weeding Out: A Series on Marijuana in the Workplace

For employers, the legal, yet not-so-legal, state of marijuana currently presents a rather bizarre legal quagmire. Marijuana remains illegal under Federal law as it is classified in Schedule I of the Controlled Substances Act. This Federal classification implies that marijuana is one of the most dangerous and addictive drugs available. As a Schedule I substance, marijuana is classified with drugs which have no accepted medical use in treatment in the United States. And yet 37 states, three territories and the District of Columbia have “legalized” marijuana for medical use; 19 states, two territories and the District of Columbia allow recreational use of marijuana; and several states permit both recreational and medical marijuana use. Employers may often feel this tug-of-war between state and federal laws regarding marijuana when implementing workplace policies and procedures.

However, the legal status of marijuana as a half-legal and half-illegal drug may not be in “limbo” for much longer. On October 6, 2022, President Biden released a statement announcing his marijuana reform plan in which he asked the Secretary of Health and Human Services and the U.S. Attorney General to expeditiously review how marijuana is scheduled under Federal law. If marijuana is reclassified to a lower schedule of the Controlled Substances Act or removed altogether as a result of this review, it may no longer be an illegal substance under Federal law even though it will still be regulated (e.g. trafficking, marketing, and under-age sales). Employers will ultimately feel the impact of this change as it may affect how employers choose to address marijuana usage and will certainly influence drug policies currently in effect.

Whatever the status of marijuana, employers can still effectively manage workplaces without fear of reefer. The first step, as this series explores, is “weeding out” any ineffective policies and practices so that business can keep on rolling as usual. New articles will be added to this series below.

Discrimination Against State Employees in Louisiana

Most state marijuana legislation either exempts employers from having to accommodate medical marijuana use or restricts employers from testing for marijuana and discriminating against medical marijuana users. Thus, in some jurisdictions, such as Alabama, Alaska, Colorado, Mississippi, and Washington, employees may be terminated for a positive drug test resulting from medical marijuana use while in other jurisdictions, such as Arkansas, Illinois, New Jersey, Rhode Island, and West Virginia, terminating an employee based on their status as a medical marijuana user alone is an unlawful employment practice.

Louisiana’s therapeutic marijuana legislation was originally silent as to whether employers could discriminate against medical marijuana users. Recently, however, the State legislature has partially cleared the air on cannabis discrimination in the workplace. Effective August 1, 2022, State employers are prohibited from taking adverse employment actions against an applicant or employee based solely on a positive drug test for marijuana when the applicant or employee has been clinically diagnosed as suffering from a debilitating medical condition and has been recommended marijuana for therapeutic use by a licensed physician pursuant to the State’s therapeutic marijuana statute. The anti-discrimination provision does not apply to an employee who uses or is impaired by marijuana at the workplace or during work hours. Moreover, employees that operate or maintain State vehicles or who supervise employees that operate or maintain State vehicles, emergency medical service personnel, law enforcement, public safety officials, and any State employee of the horse racing commission and firefighter services are not covered by the anti-discrimination provisions of Louisiana’s marijuana legislation.

Discrimination based on medical marijuana use in accordance with Louisiana’s therapeutic marijuana legislation may be an unlawful employment practice for State employers, but the law remains silent as to private employers in Louisiana and neither prohibits nor exempts discriminatory employment practices based on marijuana use in the private sector. But should private employers implement similar policies or weed out employment drug testing altogether? Tune in next month as we explore this topic in more detail.