Louisiana Senate approves legislation allowing public employees to use medicinal pot

The Louisiana State Senate on Wednesday voted 26-8 to pass a bill that would protect public employees who use medicinal cannabis from workplace discrimination. The measure, House Bill 988, was approved by the Louisiana House of Representatives last week and now heads to Gov. John Bel Edwards’ desk for consideration.

Under the bill, public servants who use medicinal cannabis on the recommendation of a doctor and in accordance with state law are protected from being fired for using medicinal cannabis. The bill also protects medicinal cannabis patients applying for government jobs from being denied employment or otherwise discriminated against in the workplace because of their cannabis use.

“This would basically be a first step in getting legislation on the books to protect people who have medical marijuana cards,” said State Representative Mandy Landry, the bill’s sponsor, last month after the bill was introduced.

The bill does not apply to private employers or local government agencies, including police and fire services. Landry told reporters that the legislation was limited to state officials to address likely opposition from politically powerful law enforcement and business lobbyists in the state capitol.

Medicinal cannabis an alternative to opioids in Louisiana

The Louisiana House of Representatives passed the bill on May 24 by a vote of 60 to 32. As the bill debated in the House of Representatives, Landry told her peers that the legislation would help prevent state employees from becoming addicted to opioids, an argument that was echoed by Senator Stewart Cathey in the upper body of the state legislature.

“There are many people who do not want to take opioids for their long-term PTSD and pain management because of the high probability of opioid addiction,” Landry said when the bill came before a House committee last month. “This has proven to be a better option than them.”

The bill faced opposition from some lawmakers in the House of Representatives, who argued that lawmakers should not draft policies for state employees. Rep. Larry Frieman said such duties should be performed by the state administration department. Jacques Berry, the agency’s communications director, noted that the administration ministry has policies in place to protect its employees who use medicinal cannabis. However, he added that the department does not have the authority to create employment guidelines for all state agencies.

State Representative Ed Larvadain supported the bill and indicated that further work on cannabis policy reform is pending.

“We need to change how we approach medical marijuana,” Larvadain said. “But that’s a first step.”

Larvadain offered to work with Landry in the future to find a way that would also allow law enforcement officers and firefighters to use medicinal cannabis.

“Many of these men and women are in chronic pain from having to climb through windows and being abused by police officers over the years,” Larvadain said.

Medicinal cannabis advocates, including Kevin Caldwell of the Marijuana Policy Project, also backed the bill.

“The fact of the matter is we have an opioid problem that is constantly being discussed in this building,” Caldwell said. “We see that medical cannabis is an exit strategy for many patients.”

Tony Landry of the Veterans Action Council noted that because of the risk that traces of THC “can build up in your body over time and cause a positive test, police officers and firefighters cannot take CBD. I’m in favor of this law and I just think we don’t have to leave an employee behind.”

Louisiana legalized medicinal cannabis for patients with debilitating medical conditions in 2015, and medicinal cannabis sales began in the state in 2019. The Louisiana Board of Pharmacy reports that the state has more than 43,000 registered medicinal cannabis patients. Last year, the governor signed legislation decriminalizing the possession of up to 14 grams of marijuana, punishing such offenses with a fine of up to $100.