ENROLLED
2022 Regular Session
HOUSE RESOLUTION NO. 269
BY REPRESENTATIVE LANDRY
A RESOLUTION
To create the Employment and Medical Marijuana Task Force to study methods for
implementing policies and regulations that resolve employment and workplace
barriers concerning medical marijuana and submit a written report of its findings to
the House of Representatives of the Legislature of Louisiana no later than February
1, 2023.
WHEREAS, although marijuana is still considered a controlled substance under
federal law, there has been an upward trend of the legalization of medical marijuana and, in
some cases, recreational marijuana amongst the states and U.S. territories; and
WHEREAS, as of March 2022, thirty-seven states and the District of Columbia have
enacted laws that allow medical marijuana usage; and
WHEREAS, Louisiana law allows a physician, who is licensed and in good standing
to practice medicine in this state, to recommend cannabis for therapeutic reasons if a patient
has a qualifying condition; and
WHEREAS, although we have seen an increase in the legalization of medical
marijuana nationwide, some states, including Louisiana, do not have protections in place for
employees who utilize medical marijuana; and
WHEREAS, even with employment protections in place, some employers are
uncertain about how to implement policies in regards to testing marijuana usage that would
not unduly discriminate against their employees who are legally recommended to use
marijuana or how to accurately determine when employees are unable to perform their job
duties because of over usage of medical marijuana; and
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WHEREAS, in addition to these known barriers, lack of employment protections,
and confusion about how to successfully enforce medical marijuana policies in regards to
testing, there may be other employment and workplace barriers that exist since the
legalization of medical marijuana is a growing social, economical, and employment issue;
and
WHEREAS, due to our state's decriminalization and legalization of marijuana for
medicinal purposes, more individuals in the workplace have access to and are utilizing
medical marijuana and as such there needs to be a study on medical marijuana and its impact
on the workplace; and
WHEREAS, often time when there are societal changes, our state leaders are
responsible for making a determination as to the best ways to implement change that would
benefit residents while simultaneously ensuring there are proper policies and regulations in
place to both protect and benefit those residents; and
WHEREAS, it has always been in the best interest of this legislature to enact laws
that protect and benefit both the residents of this state and businesses, thus it is in the best
interest of this legislature to study and make a determination as to any policies or regulations
that can be implemented to benefit all individuals in the workplace.
THEREFORE, BE IT RESOLVED that the House of Representatives of the
Legislature of Louisiana does hereby create the Employment and Medical Marijuana Task
Force to study methods on how to implement policies and regulations to resolve employment
and workplace barriers concerning medical marijuana and submit a written report of its
findings to the House of Representatives of the Legislature of Louisiana no later than
February 1, 2023.
BE IT FURTHER RESOLVED that the membership of the task force shall be as
follows:
(1)The secretary of the Louisiana Department of Health or his designee.
(2)The secretary of the Louisiana Department of Agriculture and Forestry or his
designee.
(3)The secretary of the Louisiana Workforce Commission or his designee.
(4)The secretary of the Louisiana Department of Veterans Affairs or his
designee.
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(5)The commissioner of the division of administration or his designee.
(6)The president of the Louisiana AFL-CIO or his designee.
(7)The president of the Louisiana Association of Business and Industry or his
designee.
(8)The president of the Louisiana Board of Pharmacy or his designee.
(9)The chancellor–dean of the Southern University Agricultural Center or his
designee.
(10)The interim vice president of the Louisiana State University Agricultural
Center or his designee.
(11)The chairman of the House Committee on Administration of Criminal Justice
or his designee.
(12)Two Louisiana representatives of the Marijuana Policy Project or their
designees.
(13)The president of the Louisiana State Firemen's Association or his designee.
(14)Two attorneys who specialize in labor and employment appointed by the
president of the Louisiana State Bar Association.
(15)An attorney who specializes in workers' compensation appointed by the
president of the Louisiana State Bar Association.
BE IT FURTHER RESOLVED that the author of this Resolution shall serve as an
ex officio member of the task force.
BE IT FURTHER RESOLVED that the Louisiana Department of Health shall
provide staff support as needed by the task force.
BE IT FURTHER RESOLVED that no later than September 1, 2022, the Louisiana
Department of Health shall convene the first meeting of the task force. At the first meeting,
the members shall elect a chairperson and a vice chairperson and may elect any other
officers as the task force deems appropriate.
BE IT FURTHER RESOLVED that the task force shall meet as frequently as it
deems necessary for the timely performance of its duties.
BE IT FURTHER RESOLVED that the members of the task force shall serve
without compensation, except per diem or expense reimbursement to which they may be
individually entitled as members of their constituent organizations.
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BE IT FURTHER RESOLVED that the task force shall study and make
recommendations on matters that include but are not limited to the following:
(1)What other states, preferably neighboring states, if any, have done to prevent
employment discrimination because of the use of medical marijuana.
(2)What other states, preferably neighboring states, if any, have policies and
regulations in place that provide employment protections for both employers and employees
for the use of medical marijuana.
(3)How employers currently test employees for marijuana usage and how that
may, if at all, present a challenge to employees who use marijuana for medicinal purposes.
(4)Any scientific advances made concerning testing for marijuana usage.
(5)Any other workplace barriers that employees or employers face concerning
medical marijuana.
(6)The statistical impact on how beneficial medical marijuana usage can be for
firefighters and employed veterans.
BE IT FURTHER RESOLVED that the task force shall terminate upon submission
of its written report required by the study called for in this Resolution to the House of
Representatives of the Legislature of Louisiana.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
secretary of the Louisiana Department of Health, the secretary of the Louisiana Department
of Agriculture and Forestry, the secretary of the Louisiana Workforce Commission, the
secretary of the Louisiana Department of Veterans Affairs, the commissioner of the division
of administration, the president of the Louisiana AFL-CIO, the president of the Louisiana
Association of Business and Industry, the president of the Louisiana Board of Pharmacy, the
chancellor-dean of the Southern University Agricultural Center, the interim vice president
of the Louisiana State University Agricultural Center, the director of the Sensible Marijuana
Policy for Louisiana, the president of the Marijuana Policy Project, the president of the
Louisiana State Firemen's Association, and the president of the Louisiana State Bar
Association.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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