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Weeding Out: A Year in the Weeds

Tis the season for a little reflection! While a new year is great for new beginnings, it is also a wonderful time to dust off the lessons of the past and ensure the pearls of wisdom from prior years are carried forward. In preparation for a great 2024, we rewind the pages of our Weeding Out series to reflect on issues employers may still wish to consider regarding marijuana at work.

Overview of the Weeding Out Series

The Weeding Out series was created to unravel the implications of ever-changing marijuana laws on the modern workplace. This comprehensive series delves into a wide range of topics, covering workplace policy considerations, legislative updates, and providing insights on how employers can best navigate the legal quagmire surrounding marijuana. So far, this series has covered the following topics:

Discrimination Against State Employees in Louisiana

Louisiana permits the use of marijuana for therapeutic purposes when recommended by a clinician to treat certain debilitating medical conditions. However, until August 2022, no law restricted an employer's right to discipline employees for marijuana use, even when used in accordance with the State's therapeutic marijuana law.

As of August 1, 2022, Louisiana prohibits State employers from taking an adverse employment action against individuals who use marijuana for therapeutic use in accordance with the State’s therapeutic marijuana use law based solely on a positive drug test for marijuana. This anti-discrimination law does not apply to private employers.

More information on the scope of the anti-discrimination law can be found here.

Drug Testing Woes

While the new year may bring about a calendar change, it will likely not change the complexities faced by employers in adopting workplace drug testing policies amid the changing landscape of marijuana legalization. Several factors are important for employers to consider when drafting drug testing policies, including state and local laws, industry regulations, the duty to provide a safe work environment, potential discrimination in drug testing policies, and the impact of the tight labor market.

Drug Testing Woes for Unionized Workplaces

Additional considerations are a must for employers of unionized workplaces attempting to adopt a drug testing policy, including policies on marijuana use. For a unionized workplace, negotiations may be key to not letting drug testing programs go up in smoke. Employers of unionized workplaces must be sure to utilize and take advantage of the collective bargaining process to negotiate effective drug testing programs. When in doubt, employers should consult legal counsel to determine to what extent negotiations are required prior to implementing a drug testing policy.

Once Budding Legislation

Louisiana’s 2023 Regular Legislative Session did not go as planned for certain marijuana bills.

House Bill 24 unsuccessfully attempted to declassify marijuana from Louisiana’s controlled dangerous substances schedule and to further decriminalize marijuana. The Bill was involuntarily deferred by a majority vote of the committee, which effectively killed House Bill 24.

House Bill 351 also died in committee. The Bill was introduced to prohibit the disqualification from unemployment or workers’ compensation benefits based solely on an employee’s use of marijuana for therapeutic purposes in accordance with Louisiana law. As the Bill did not pass, Louisiana employees still use marijuana at their own risk.

Marijuana as Doping for Student-Athlete Employees

With the growing momentum of considering student-athletes as employees, collegiate sports programs should begin considering how to address marijuana drug testing for these potential student-athlete- employees. Drug testing as an employer will inevitably look different than drug testing under NCAA rules and regulations. Collegiate sports programs may have to revise their playbook to ensure that drug testing policies and procedures are lawful should student-athletes become employees.

Getting More in the Weeds

The Weeding Out series will continue to track key legislation and policy changes that impact the implementation of drug-free workplace policies. The series will also continue to explore various hot topics regarding marijuana. For now, a moment of reflection is a great way to start the new year in high hopes of implementing effective policies and minimizing liability in 2024.

Weeding Out: A Year in the Weeds

Tis the season for a little reflection! While a new year is great for new beginnings, it is also a wonderful time to dust off the lessons of the past and ensure the pearls of wisdom from prior years are carried forward. In preparation for a great 2024, we rewind the pages of our Weeding Out series to reflect on issues employers may still wish to consider regarding marijuana at work.

Overview of the Weeding Out Series

The Weeding Out series was created to unravel the implications of ever-changing marijuana laws on the modern workplace. This comprehensive series delves into a wide range of topics, covering workplace policy considerations, legislative updates, and providing insights on how employers can best navigate the legal quagmire surrounding marijuana. So far, this series has covered the following topics:

Discrimination Against State Employees in Louisiana

Louisiana permits the use of marijuana for therapeutic purposes when recommended by a clinician to treat certain debilitating medical conditions. However, until August 2022, no law restricted an employer's right to discipline employees for marijuana use, even when used in accordance with the State's therapeutic marijuana law.

As of August 1, 2022, Louisiana prohibits State employers from taking an adverse employment action against individuals who use marijuana for therapeutic use in accordance with the State’s therapeutic marijuana use law based solely on a positive drug test for marijuana. This anti-discrimination law does not apply to private employers.

More information on the scope of the anti-discrimination law can be found here.

Drug Testing Woes

While the new year may bring about a calendar change, it will likely not change the complexities faced by employers in adopting workplace drug testing policies amid the changing landscape of marijuana legalization. Several factors are important for employers to consider when drafting drug testing policies, including state and local laws, industry regulations, the duty to provide a safe work environment, potential discrimination in drug testing policies, and the impact of the tight labor market.

Drug Testing Woes for Unionized Workplaces

Additional considerations are a must for employers of unionized workplaces attempting to adopt a drug testing policy, including policies on marijuana use. For a unionized workplace, negotiations may be key to not letting drug testing programs go up in smoke. Employers of unionized workplaces must be sure to utilize and take advantage of the collective bargaining process to negotiate effective drug testing programs. When in doubt, employers should consult legal counsel to determine to what extent negotiations are required prior to implementing a drug testing policy.

Once Budding Legislation

Louisiana’s 2023 Regular Legislative Session did not go as planned for certain marijuana bills.

House Bill 24 unsuccessfully attempted to declassify marijuana from Louisiana’s controlled dangerous substances schedule and to further decriminalize marijuana. The Bill was involuntarily deferred by a majority vote of the committee, which effectively killed House Bill 24.

House Bill 351 also died in committee. The Bill was introduced to prohibit the disqualification from unemployment or workers’ compensation benefits based solely on an employee’s use of marijuana for therapeutic purposes in accordance with Louisiana law. As the Bill did not pass, Louisiana employees still use marijuana at their own risk.

Marijuana as Doping for Student-Athlete Employees

With the growing momentum of considering student-athletes as employees, collegiate sports programs should begin considering how to address marijuana drug testing for these potential student-athlete- employees. Drug testing as an employer will inevitably look different than drug testing under NCAA rules and regulations. Collegiate sports programs may have to revise their playbook to ensure that drug testing policies and procedures are lawful should student-athletes become employees.

Getting More in the Weeds

The Weeding Out series will continue to track key legislation and policy changes that impact the implementation of drug-free workplace policies. The series will also continue to explore various hot topics regarding marijuana. For now, a moment of reflection is a great way to start the new year in high hopes of implementing effective policies and minimizing liability in 2024.

Weeding Out: A Year in the Weeds

Tis the season for a little reflection! While a new year is great for new beginnings, it is also a wonderful time to dust off the lessons of the past and ensure the pearls of wisdom from prior years are carried forward. In preparation for a great 2024, we rewind the pages of our Weeding Out series to reflect on issues employers may still wish to consider regarding marijuana at work.

Overview of the Weeding Out Series

The Weeding Out series was created to unravel the implications of ever-changing marijuana laws on the modern workplace. This comprehensive series delves into a wide range of topics, covering workplace policy considerations, legislative updates, and providing insights on how employers can best navigate the legal quagmire surrounding marijuana. So far, this series has covered the following topics:

Discrimination Against State Employees in Louisiana

Louisiana permits the use of marijuana for therapeutic purposes when recommended by a clinician to treat certain debilitating medical conditions. However, until August 2022, no law restricted an employer's right to discipline employees for marijuana use, even when used in accordance with the State's therapeutic marijuana law.

As of August 1, 2022, Louisiana prohibits State employers from taking an adverse employment action against individuals who use marijuana for therapeutic use in accordance with the State’s therapeutic marijuana use law based solely on a positive drug test for marijuana. This anti-discrimination law does not apply to private employers.

More information on the scope of the anti-discrimination law can be found here.

Drug Testing Woes

While the new year may bring about a calendar change, it will likely not change the complexities faced by employers in adopting workplace drug testing policies amid the changing landscape of marijuana legalization. Several factors are important for employers to consider when drafting drug testing policies, including state and local laws, industry regulations, the duty to provide a safe work environment, potential discrimination in drug testing policies, and the impact of the tight labor market.

Drug Testing Woes for Unionized Workplaces

Additional considerations are a must for employers of unionized workplaces attempting to adopt a drug testing policy, including policies on marijuana use. For a unionized workplace, negotiations may be key to not letting drug testing programs go up in smoke. Employers of unionized workplaces must be sure to utilize and take advantage of the collective bargaining process to negotiate effective drug testing programs. When in doubt, employers should consult legal counsel to determine to what extent negotiations are required prior to implementing a drug testing policy.

Once Budding Legislation

Louisiana’s 2023 Regular Legislative Session did not go as planned for certain marijuana bills.

House Bill 24 unsuccessfully attempted to declassify marijuana from Louisiana’s controlled dangerous substances schedule and to further decriminalize marijuana. The Bill was involuntarily deferred by a majority vote of the committee, which effectively killed House Bill 24.

House Bill 351 also died in committee. The Bill was introduced to prohibit the disqualification from unemployment or workers’ compensation benefits based solely on an employee’s use of marijuana for therapeutic purposes in accordance with Louisiana law. As the Bill did not pass, Louisiana employees still use marijuana at their own risk.

Marijuana as Doping for Student-Athlete Employees

With the growing momentum of considering student-athletes as employees, collegiate sports programs should begin considering how to address marijuana drug testing for these potential student-athlete- employees. Drug testing as an employer will inevitably look different than drug testing under NCAA rules and regulations. Collegiate sports programs may have to revise their playbook to ensure that drug testing policies and procedures are lawful should student-athletes become employees.

Getting More in the Weeds

The Weeding Out series will continue to track key legislation and policy changes that impact the implementation of drug-free workplace policies. The series will also continue to explore various hot topics regarding marijuana. For now, a moment of reflection is a great way to start the new year in high hopes of implementing effective policies and minimizing liability in 2024.

Weeding Out: A Year in the Weeds

Tis the season for a little reflection! While a new year is great for new beginnings, it is also a wonderful time to dust off the lessons of the past and ensure the pearls of wisdom from prior years are carried forward. In preparation for a great 2024, we rewind the pages of our Weeding Out series to reflect on issues employers may still wish to consider regarding marijuana at work.

Overview of the Weeding Out Series

The Weeding Out series was created to unravel the implications of ever-changing marijuana laws on the modern workplace. This comprehensive series delves into a wide range of topics, covering workplace policy considerations, legislative updates, and providing insights on how employers can best navigate the legal quagmire surrounding marijuana. So far, this series has covered the following topics:

Discrimination Against State Employees in Louisiana

Louisiana permits the use of marijuana for therapeutic purposes when recommended by a clinician to treat certain debilitating medical conditions. However, until August 2022, no law restricted an employer's right to discipline employees for marijuana use, even when used in accordance with the State's therapeutic marijuana law.

As of August 1, 2022, Louisiana prohibits State employers from taking an adverse employment action against individuals who use marijuana for therapeutic use in accordance with the State’s therapeutic marijuana use law based solely on a positive drug test for marijuana. This anti-discrimination law does not apply to private employers.

More information on the scope of the anti-discrimination law can be found here.

Drug Testing Woes

While the new year may bring about a calendar change, it will likely not change the complexities faced by employers in adopting workplace drug testing policies amid the changing landscape of marijuana legalization. Several factors are important for employers to consider when drafting drug testing policies, including state and local laws, industry regulations, the duty to provide a safe work environment, potential discrimination in drug testing policies, and the impact of the tight labor market.

Drug Testing Woes for Unionized Workplaces

Additional considerations are a must for employers of unionized workplaces attempting to adopt a drug testing policy, including policies on marijuana use. For a unionized workplace, negotiations may be key to not letting drug testing programs go up in smoke. Employers of unionized workplaces must be sure to utilize and take advantage of the collective bargaining process to negotiate effective drug testing programs. When in doubt, employers should consult legal counsel to determine to what extent negotiations are required prior to implementing a drug testing policy.

Once Budding Legislation

Louisiana’s 2023 Regular Legislative Session did not go as planned for certain marijuana bills.

House Bill 24 unsuccessfully attempted to declassify marijuana from Louisiana’s controlled dangerous substances schedule and to further decriminalize marijuana. The Bill was involuntarily deferred by a majority vote of the committee, which effectively killed House Bill 24.

House Bill 351 also died in committee. The Bill was introduced to prohibit the disqualification from unemployment or workers’ compensation benefits based solely on an employee’s use of marijuana for therapeutic purposes in accordance with Louisiana law. As the Bill did not pass, Louisiana employees still use marijuana at their own risk.

Marijuana as Doping for Student-Athlete Employees

With the growing momentum of considering student-athletes as employees, collegiate sports programs should begin considering how to address marijuana drug testing for these potential student-athlete- employees. Drug testing as an employer will inevitably look different than drug testing under NCAA rules and regulations. Collegiate sports programs may have to revise their playbook to ensure that drug testing policies and procedures are lawful should student-athletes become employees.

Getting More in the Weeds

The Weeding Out series will continue to track key legislation and policy changes that impact the implementation of drug-free workplace policies. The series will also continue to explore various hot topics regarding marijuana. For now, a moment of reflection is a great way to start the new year in high hopes of implementing effective policies and minimizing liability in 2024.

Weeding Out: A Year in the Weeds

Tis the season for a little reflection! While a new year is great for new beginnings, it is also a wonderful time to dust off the lessons of the past and ensure the pearls of wisdom from prior years are carried forward. In preparation for a great 2024, we rewind the pages of our Weeding Out series to reflect on issues employers may still wish to consider regarding marijuana at work.

Overview of the Weeding Out Series

The Weeding Out series was created to unravel the implications of ever-changing marijuana laws on the modern workplace. This comprehensive series delves into a wide range of topics, covering workplace policy considerations, legislative updates, and providing insights on how employers can best navigate the legal quagmire surrounding marijuana. So far, this series has covered the following topics:

Discrimination Against State Employees in Louisiana

Louisiana permits the use of marijuana for therapeutic purposes when recommended by a clinician to treat certain debilitating medical conditions. However, until August 2022, no law restricted an employer's right to discipline employees for marijuana use, even when used in accordance with the State's therapeutic marijuana law.

As of August 1, 2022, Louisiana prohibits State employers from taking an adverse employment action against individuals who use marijuana for therapeutic use in accordance with the State’s therapeutic marijuana use law based solely on a positive drug test for marijuana. This anti-discrimination law does not apply to private employers.

More information on the scope of the anti-discrimination law can be found here.

Drug Testing Woes

While the new year may bring about a calendar change, it will likely not change the complexities faced by employers in adopting workplace drug testing policies amid the changing landscape of marijuana legalization. Several factors are important for employers to consider when drafting drug testing policies, including state and local laws, industry regulations, the duty to provide a safe work environment, potential discrimination in drug testing policies, and the impact of the tight labor market.

Drug Testing Woes for Unionized Workplaces

Additional considerations are a must for employers of unionized workplaces attempting to adopt a drug testing policy, including policies on marijuana use. For a unionized workplace, negotiations may be key to not letting drug testing programs go up in smoke. Employers of unionized workplaces must be sure to utilize and take advantage of the collective bargaining process to negotiate effective drug testing programs. When in doubt, employers should consult legal counsel to determine to what extent negotiations are required prior to implementing a drug testing policy.

Once Budding Legislation

Louisiana’s 2023 Regular Legislative Session did not go as planned for certain marijuana bills.

House Bill 24 unsuccessfully attempted to declassify marijuana from Louisiana’s controlled dangerous substances schedule and to further decriminalize marijuana. The Bill was involuntarily deferred by a majority vote of the committee, which effectively killed House Bill 24.

House Bill 351 also died in committee. The Bill was introduced to prohibit the disqualification from unemployment or workers’ compensation benefits based solely on an employee’s use of marijuana for therapeutic purposes in accordance with Louisiana law. As the Bill did not pass, Louisiana employees still use marijuana at their own risk.

Marijuana as Doping for Student-Athlete Employees

With the growing momentum of considering student-athletes as employees, collegiate sports programs should begin considering how to address marijuana drug testing for these potential student-athlete- employees. Drug testing as an employer will inevitably look different than drug testing under NCAA rules and regulations. Collegiate sports programs may have to revise their playbook to ensure that drug testing policies and procedures are lawful should student-athletes become employees.

Getting More in the Weeds

The Weeding Out series will continue to track key legislation and policy changes that impact the implementation of drug-free workplace policies. The series will also continue to explore various hot topics regarding marijuana. For now, a moment of reflection is a great way to start the new year in high hopes of implementing effective policies and minimizing liability in 2024.

Weeding Out: A Year in the Weeds

Tis the season for a little reflection! While a new year is great for new beginnings, it is also a wonderful time to dust off the lessons of the past and ensure the pearls of wisdom from prior years are carried forward. In preparation for a great 2024, we rewind the pages of our Weeding Out series to reflect on issues employers may still wish to consider regarding marijuana at work.

Overview of the Weeding Out Series

The Weeding Out series was created to unravel the implications of ever-changing marijuana laws on the modern workplace. This comprehensive series delves into a wide range of topics, covering workplace policy considerations, legislative updates, and providing insights on how employers can best navigate the legal quagmire surrounding marijuana. So far, this series has covered the following topics:

Discrimination Against State Employees in Louisiana

Louisiana permits the use of marijuana for therapeutic purposes when recommended by a clinician to treat certain debilitating medical conditions. However, until August 2022, no law restricted an employer's right to discipline employees for marijuana use, even when used in accordance with the State's therapeutic marijuana law.

As of August 1, 2022, Louisiana prohibits State employers from taking an adverse employment action against individuals who use marijuana for therapeutic use in accordance with the State’s therapeutic marijuana use law based solely on a positive drug test for marijuana. This anti-discrimination law does not apply to private employers.

More information on the scope of the anti-discrimination law can be found here.

Drug Testing Woes

While the new year may bring about a calendar change, it will likely not change the complexities faced by employers in adopting workplace drug testing policies amid the changing landscape of marijuana legalization. Several factors are important for employers to consider when drafting drug testing policies, including state and local laws, industry regulations, the duty to provide a safe work environment, potential discrimination in drug testing policies, and the impact of the tight labor market.

Drug Testing Woes for Unionized Workplaces

Additional considerations are a must for employers of unionized workplaces attempting to adopt a drug testing policy, including policies on marijuana use. For a unionized workplace, negotiations may be key to not letting drug testing programs go up in smoke. Employers of unionized workplaces must be sure to utilize and take advantage of the collective bargaining process to negotiate effective drug testing programs. When in doubt, employers should consult legal counsel to determine to what extent negotiations are required prior to implementing a drug testing policy.

Once Budding Legislation

Louisiana’s 2023 Regular Legislative Session did not go as planned for certain marijuana bills.

House Bill 24 unsuccessfully attempted to declassify marijuana from Louisiana’s controlled dangerous substances schedule and to further decriminalize marijuana. The Bill was involuntarily deferred by a majority vote of the committee, which effectively killed House Bill 24.

House Bill 351 also died in committee. The Bill was introduced to prohibit the disqualification from unemployment or workers’ compensation benefits based solely on an employee’s use of marijuana for therapeutic purposes in accordance with Louisiana law. As the Bill did not pass, Louisiana employees still use marijuana at their own risk.

Marijuana as Doping for Student-Athlete Employees

With the growing momentum of considering student-athletes as employees, collegiate sports programs should begin considering how to address marijuana drug testing for these potential student-athlete- employees. Drug testing as an employer will inevitably look different than drug testing under NCAA rules and regulations. Collegiate sports programs may have to revise their playbook to ensure that drug testing policies and procedures are lawful should student-athletes become employees.

Getting More in the Weeds

The Weeding Out series will continue to track key legislation and policy changes that impact the implementation of drug-free workplace policies. The series will also continue to explore various hot topics regarding marijuana. For now, a moment of reflection is a great way to start the new year in high hopes of implementing effective policies and minimizing liability in 2024.