HLS 23RS-722 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 351
BY REPRESENTATIVES LANDRY AND TRAVIS JOHNSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MEDICAL MARIJUANA: Provides relative to a recommendation of medical marijuana in
employment
1 AN ACT
2To enact R.S. 23:1081.1 and 1601.1 and to repeal R.S. 40:1046(J), relative to medical
3 marijuana recommendations in employment; to prohibit disqualification from certain
4 employee benefits; to allow an exception to the disqualification of unemployment
5 benefits for a recommendation for medical marijuana; to allow an exception to the
6 defenses allowed for workers' compensation claims for a recommendation for
7 medical marijuana; to provide definitions; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 23:1081.1 and 1601.1 are hereby enacted to read as follows:
10 §1081.1. Defenses; exceptions
11 A. For the purposes of this Section, the following terms have the meanings
12 ascribed to them:
13 (1) "Qualifying medical marijuana patient" means an individual who has
14 been clinically diagnosed as suffering from a debilitating medical condition and an
15 authorized clinician has recommended marijuana for therapeutic use by the
16 individual in accordance with R.S. 40:1046.
17 (2) "Recommendation" means a recommendation for medical marijuana, as
18 defined by R.S. 40:1046, and which shall be considered a legitimate medical purpose
19 and equivalent to a medical prescription.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-722 ORIGINAL
HB NO. 351
1 B. Notwithstanding any other provision of law to the contrary, a qualifying
2 medical marijuana patient who receives a recommendation shall not be disqualified
3 from receiving compensation.
4 §1601.1. Disqualification of benefits; exceptions
5 A. For the purposes of this Section, the following terms have the meanings
6 ascribed to them:
7 (1) "Qualifying medical marijuana patient" means an individual who has
8 been clinically diagnosed as suffering from a debilitating medical condition and an
9 authorized clinician has recommended marijuana for therapeutic use by the
10 individual in accordance with R.S. 40:1046.
11 (2) "Recommendation" means a recommendation for medical marijuana, as
12 defined by R.S. 40:1046, and which shall be considered a legitimate medical purpose
13 and equivalent to a medical prescription.
14 B. Notwithstanding any other provision of law to the contrary, a qualifying
15 medical marijuana patient who receives a recommendation shall not be disqualified
16 for unemployment benefits.
17 Section 2. R.S. 40:1046(J) is hereby repealed in its entirety.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 351 Original 2023 Regular Session Landry
Abstract: Provides relative to a recommendation of medical marijuana in employment.
Proposed law defines "qualifying medical marijuana patient" and "recommendation".
Proposed law provides that a qualifying medical marijuana patient who receives a
recommendation from an authorized clinician to use marijuana for a therapeutic use shall not
be disqualified from filing a claim for workers' compensation.
Proposed law provides that a qualifying medical marijuana patient who receives a
recommendation from an authorized clinician to use marijuana for a therapeutic use shall not
be disqualified for unemployment compensation benefits.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-722 ORIGINAL
HB NO. 351
Proposed law repeals the provision of law (R.S. 40:1046(J)) that provides that an employer
and their workers' compensation insurer are not required to pay for medical marijuana in
claims arising under present law.
(Adds R.S. 23:1081.1 and 1601.1; Repeals R.S. 40:1046(J))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.