HLS 24RS-705 ENGROSSED 2024 Regular Session HOUSE BILL NO. 313 BY REPRESENTATIVE MANDIE LANDRY EMPLOYMENT/DISCRIMINATN: Provides relative to employment discrimination against certain employees being treated with medical marijuana 1 AN ACT 2To amend and reenact R.S. 49:1016(A) and (C), relative to employment discrimination; to 3 provide relative to an employee of a city, parish, or municipality who uses medical 4 marijuana; to prohibit certain employment actions against such employees and 5 potential employees; to provide exceptions; and to provide for related matters. 6Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 49:1016(A) and (C) are hereby amended and reenacted to read as 8follows: 9 ยง1016. Employment discrimination; physician recommended marijuana 10 A. No state employer or employer of a city, parish, or municipality shall 11 subject an employee or prospective employee to negative employment consequences 12 based solely on a positive drug test for marijuana, marijuana components, including 13 tetrahydrocannabinols, or marijuana metabolites if the employee or prospective 14 employee has been clinically diagnosed as suffering from a debilitating medical 15 condition and a licensed physician has recommended marijuana for therapeutic use 16 by the employee in accordance with R.S. 40:1046. 17 * * * 18 C. The provisions of this Section shall not apply to any elected officials of 19 a city, parish, or municipality, emergency medical services, law enforcement, public 20 safety officials, any state employee of the horse racing commission, and firefighter 21 services. Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 24RS-705 ENGROSSED HB NO. 313 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 313 Engrossed 2024 Regular Session Mandie Landry Abstract: Provides relative to persons employed by a city, parish, or municipality being treated with medical marijuana. Present law prohibits a state employer from subjecting an employee or prospective employee to negative employment consequences based solely on a positive drug test for marijuana if the employee or prospective employee has been clinically diagnosed as suffering from a debilitating medical condition and a licensed physician has recommended marijuana for therapeutic use by the employee in accordance present law. Proposed law extends present law to prohibit an employer of a city, parish, or municipality from subjecting negative employment consequences on an employee or prospective employee. Proposed law otherwise retains present law. Present law provides that the provisions of present law shall not apply to emergency medical services, law enforcement, public safety officials, any state employee of the horse racing commission, and firefighter services. Proposed law extends the exemption to include any elected officials of a city, parish, or municipality. Proposed law otherwise retains present law. (Amends R.S. 49:1016(A) and (C)) Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions.