EMPLOYMENT/DISCRIMINATN: Provides relative to employment discrimination against certain employees being treated with medical marijuana

HLS 26RS-1242 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 460
BY REPRESENTATIVE MANDIE LANDRY
EMPLOYMENT/DISCRIMINATN: Provides relative to employment discrimination
against certain employees being treated with medical marijuana
1 AN ACT
2 To enact R.S. 49:1016(D), relative to state employment; to provide for the use of medical
3 marijuana by certain state employees and potential state employees; to provide for
4 applicability for certain entities and persons within the state classified service and
5 unclassified service; to provide for applicability for the State Civil Service
6 Commission and all appointing authorities; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 49:1016(D) is hereby enacted to read as follows:
9 §1016. Employment discrimination; physician recommended marijuana
10 * * *
11 D. The provisions of this Section shall apply to all departments, agencies,
12 and employees within the state classified service and unclassified service and shall
13 be binding upon the State Civil Service Commission and all appointing authorities.
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 460 Original 2026 Regular Session Mandie Landry
Abstract: Provides that provisions of law, which prevent employment discrimination based
on medical marijuana usage, be applicable to certain entities and employees within
certain state government departments and agencies.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 460
HLS 26RS-1242 ORIGINAL
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 with present law.
Present law provides that present law shall not be construed to prohibit the imposition of
negative employment consequences on an employee who uses or is impaired by marijuana
on the premises of the employer or during work hours.
Present law also provides that present law shall not be construed to prohibit the imposition
of negative employment consequences on an employee whose principal responsibility is to
operate or maintain a state vehicle or being a supervisor of any employee who drives or
maintains a state vehicle.
Present law provides that 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 retains present law.
Proposed law provides that present law shall apply to all departments, agencies, and
employees within the state classified service and unclassified service and shall be binding
upon the State Civil Service Commission and all appointing authorities.
(Adds R.S. 49:1016(D))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.