Home › Workplace drug testing laws › Louisiana
Louisiana drug testing laws for employers
Louisiana has a drug testing law that binds private employers who test for marijuana, opioids, cocaine, amphetamines or PCP and may act on the result. Those tests must go to a certified lab and follow federal SAMHSA guidelines. Medical marijuana is legal, and only public employers have a written protection for patients.
Have a whole roster to keep current every month? DOT fleets: Pact's monthly DOT program, $25 a driver a month ($99 minimum), or $19 a month for an owner-operator. Nursing homes, hospice and home care: staff credential tracking, $10 a staff member a month ($250 minimum). First month free.
The state law
- The law covers any employer with one or more workers, but not an employer that is subject to a federally mandated drug testing program (La. R.S. 49:1001(4)).
- It applies to tests for marijuana, opioids, cocaine, amphetamines and PCP (La. R.S. 49:1002(A)).
- If a test can lead to firing, not hiring, or other negative job action, it must be done by a SAMHSA-, CAP-FUDT- or CAP-FDT-certified lab (La. R.S. 49:1005(A)).
- Testing must follow SAMHSA guidelines, except the initial marijuana cutoff may be set from 50 to 100 ng/mL (La. R.S. 49:1005(B)).
- An on-site instant screen is outside the law only when no negative job action will follow from it (La. R.S. 49:1002(I)).
- Urine, blood, saliva or hair may be used, but non-urine samples must be screened and confirmed at a certified lab, positives must be saved for a retest the donor asks for, and no sample may be used for DNA (La. R.S. 49:1001(11), 49:1002(J)).
- Oil and gas exploration, drilling and production employers are not covered (La. R.S. 49:1002(H)).
- A confirmed-positive employee may ask in writing to see their test records, and you must provide access within 7 working days (La. R.S. 49:1011(A)).
- Test information is confidential and may be used only in a disciplinary hearing or a lawsuit where drug use matters (La. R.S. 49:1012(A)).
Testing applicants
- We found no state law that limits when a private employer may test applicants (no statute found).
- Applicant tests that can lead to not hiring someone must meet the same certified-lab rules as employee tests (La. R.S. 49:1001(6)-(7), 49:1005(A)).
Random testing
- We found no state law that limits random testing by private employers (no statute found).
- Public employers may random test only employees in safety-sensitive or security-sensitive jobs (La. R.S. 49:1015(C)).
Marijuana (medical only)
- Licensed clinicians may recommend raw or crude marijuana and other THC products to patients with a qualifying condition (La. R.S. 40:1046(A)(1)).
- We found no Louisiana law that protects private-sector employees who use medical marijuana (no statute found).
- Employers and their workers' comp insurers do not have to pay for medical marijuana in a comp claim (La. R.S. 40:1046(J)).
- State employers may not act against a patient with a physician's recommendation based only on a positive marijuana test (La. R.S. 49:1016(A)).
- That state-employee rule still allows action for use or impairment at work and for jobs driving or maintaining state vehicles, and it does not cover EMS, police, public safety or firefighters (La. R.S. 49:1016(B)-(C)).
Also good to know
- A worker fired for using illegal drugs, on or off the job, is disqualified from unemployment if the employer proves it with a test done under a written substance abuse policy (La. R.S. 23:1601(10)(a)).
- A worker fired for refusing a drug test is presumed fired for misconduct for unemployment purposes (La. R.S. 23:1601(10)(a)).
- For unemployment cases, positive tests must be confirmed by gas chromatography or an equally reliable method (La. R.S. 23:1601(10)(c)).
- Public employers must test applicants for jobs driving or maintaining public vehicles and must random test those workers (La. R.S. 49:1015(F)).
Common questions
Is drug testing legal for employers in Louisiana?
Louisiana has a drug testing law that binds private employers who test for marijuana, opioids, cocaine, amphetamines or PCP and may act on the result. Those tests must go to a certified lab and follow federal SAMHSA guidelines. Medical marijuana is legal, and only public employers have a written protection for patients.
Can employers in Louisiana test applicants before hiring?
We found no state law that limits when a private employer may test applicants (no statute found).
Is random drug testing allowed in Louisiana?
We found no state law that limits random testing by private employers (no statute found).
Can a Louisiana employer act on a positive marijuana test?
Licensed clinicians may recommend raw or crude marijuana and other THC products to patients with a qualifying condition (La. R.S. 40:1046(A)(1)).
Some rules for Louisiana weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- La. R.S. 49:1001 (official)
- La. R.S. 49:1002 (official)
- La. R.S. 49:1005 (official)
- La. R.S. 49:1011 (official)
- La. R.S. 49:1012 (official)
- La. R.S. 49:1015 (official)
- La. R.S. 49:1016 (official)
- La. R.S. 40:1046 (official)
- La. R.S. 23:1601 (official)
- 2026 HB 460, original (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.