The HR Brief: Medical Marijuana & Drug Testing

With medical marijuana now widely available in Louisiana, employers must rethink their drug testing policies. At Next Level Solutions, we help businesses navigate these changes to maintain compliance while addressing workplace safety and operational needs.

What Changed?

As of August 1st, medical marijuana is accessible to any patient with a doctor’s recommendation for debilitating illness or pain. Previously limited to specific conditions, this broader availability will significantly impact how employers approach drug testing and the hiring process.

Key Considerations for Employers

1. Update Drug Testing Policies:
   Employers need to clarify their stance on medical marijuana in the workplace. Policies should define:
   • The purpose of drug testing (e.g., safety-sensitive roles or federal compliance).
   • How positive results for medical marijuana will be handled.
   • The distinction between medical marijuana use and impairment at work.
2. Hiring Process Adjustments:
   If a candidate tests positive for marijuana, how will your business respond? Consider:
   • Whether exceptions will be made for valid medical marijuana use.
   • How to confirm legitimate use through proper documentation.
3. Employee Communication:
   Clearly communicate any updates to your drug testing policies with employees. Transparency ensures everyone understands expectations and their rights under state law.

Why This Matters

With the expansion of medical marijuana access, employers will likely encounter more cases where candidates or employees cite medical use after a positive drug test. Taking a proactive approach to update policies and align them with business goals and state laws can prevent confusion and potential disputes. Employers need to be aware of this change and how this will impact the hiring process.

At Next Level Solutions, we help businesses craft and implement compliant drug testing policies tailored to their unique needs. Reach out to us for guidance on navigating this evolving landscape and maintaining a safe, compliant workplace.