“I do suppose that there’s a downside with authorities stepping in and deciding what sort of relationship the employer and worker must have.”
By Wesley Muller, Louisiana Illuminator
A panel that has spent months debating coverage concepts to guard staff who use medical marijuana concluded the majority of its work Thursday, approving greater than a dozen suggestions to the Louisiana Legislature.
Thursday marked the final assembly of the Employment and Medical Marijuana Job Pressure, a bunch created by way of a examine decision authored by Rep. Mandie Landry, D-New Orleans, after staff in Louisiana raised issues that they might be fired or face different job-related repercussions for testing optimistic for a drug the state has legalized for medicinal functions.
Almost all the suggestions acquired help from an awesome majority of the duty power members however confronted opposition from Troy Prevot, a member who represents one of the influential foyer teams on the State Capitol, the Louisiana Affiliation of Enterprise and Trade (LABI).
Prevot, a doctor’s assistant who operates an employment drug testing clinic in Baton Rouge, mentioned the suggestions may create extra confusion on a problem that’s already difficult for companies.
At present, employers and worker teams can get collectively and negotiate office drug insurance policies. Any makes an attempt to legislate the difficulty may get in the way in which of that, Prevot mentioned.
“I believe we’re going to go down a path of extra confusion,” Prevot mentioned. “That’s one of many explanation why I’m having bother with this.”
In an 11-2 vote, the duty power voted to suggest, amongst different issues, that employers can not discriminate, refuse to rent or impose penalties on staff based mostly solely upon their previous or current standing as a qualifying medical marijuana affected person.
Ten different suggestions handed alongside the identical 11-2 break up. Becoming a member of Prevot in opposition was Dennis Juge, an legal professional who makes a speciality of staff’ compensation litigation.
Juge mentioned he doesn’t consider the federal government has the proper to impose office drug insurance policies and different restrictions on personal companies.
“I do suppose that there’s a downside with authorities stepping in and deciding what sort of relationship the employer and worker must have,” Juge mentioned. “It truly is a philosophical downside that I’ve with this.”
The duty power additionally approved quite a few suggestions to guard employers, together with a measure that will enable employers to sanction or impose penalties on staff who use or possess marijuana whereas on responsibility. Prevot and Juge opposed these, too.
Nevertheless, Prevot did help a advice that medical marijuana sufferers might not be deemed impaired based mostly solely on a optimistic drug take a look at for marijuana—a measure he argued for in earlier conferences.
One other advice that handed with an 11-2 vote proposes that medical marijuana suggestions from licensed clinicians “shall be thought-about really helpful for a authentic medical function.”
Just one measure acquired unanimous approval—a advice to undertake a card program for medical marijuana sufferers. Job power chairman Kevin Caldwell, who represents the Marijuana Coverage Challenge, mentioned Louisiana is the one medical marijuana state that doesn’t problem identification playing cards to sufferers who use the drug.
The unique measure would have known as for the state to undertake a card program, however last-minute debate led job power members to punt the difficulty to a different panel. The advice, as authorised, calls on the Medical Marijuana Fee to contemplate adopting a card program for sufferers.
The Louisiana Division of Well being will current the suggestions to the legislature on behalf of the duty power previous to the 2023 common session that begins in April.