What used to be black and white is now nothing but gray as the Louisiana industrial community grapples with the new reality of medical marijuana.
It’s a legal conundrum—state and federal laws are now in direct conflict—that will likely impact numerous corporate policies and procedures. Many are taking a wait-and-see approach since it’s still too early to grasp the full impact of the change.
In August, some 5,000 Louisiana patients began receiving medical marijuana from approved pharmacies, a number that could eventually grow to an estimated 150,000. Murphy J. Foster III, a partner at Breazeale, Sachse & Wilson in Baton Rouge, says industrial contractors and owners should act now, not later, to revise their internal written policies to reflect the new paradigm. Otherwise, they could be setting themselves up for a discrimination lawsuit down the road. The firm is currently assisting about a third of its contractor clients with amending their drug testing, medical, disability and disciplinary policies.
Foster, who also serves as general counsel to Associated Builders & Contractors-Pelican Chapter and Louisiana Associated General Contractors, says two alternating realities are clashing in the industrial space, much of it caused by the disparity between federal and state laws and differences among the states themselves.
“Marijuana remains a prohibited Schedule 1 narcotic under federal law. That’s still out there; that hasn’t changed,” he says. “However, in Louisiana, it must be treated like any other prescriptive drug.”
That creates a certain degree of legal tension, which is reflected in the very terminology being used—for example, marijuana isn’t officially prescribed but is recommended by an authorized physician. Should it end up in court as a disability discrimination suit, all bets are off.
Read the full Business Report story about the conundrum Louisiana industry faces as medical marijuana becomes available.
