Kentucky: Governor Signs Bill Approving Medical Cannabis

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APPLIES TO

All Employers with Employees in KY

EFFECTIVE

January 1, 2025

  

QUESTIONS?

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Quick Look

  • Medicinal cannabis is legal for the treatment of certain qualifying medical conditions effective January 1, 2025.
  • Employers are not required to permit or accommodate the use, consumption, possession, transfer, display, transportation, distribution, sale, or growing of medical cannabis in the workplace.

Discussion

SB 47 legalizes the use of medicinal cannabis for certain qualifying medical conditions. Some of the qualifying conditions include: any type or form of cancer; chronic, severe, intractable, or debilitating pain; epilepsy or any other intractable seizure disorder; multiple sclerosis, muscle spasms, or spasticity; chronic nausea or cyclical vomiting syndrome that has proven resistant to other conventional medical treatments; and post-traumatic stress disorder. The Kentucky Center for Cannabis Research can add to the medical conditions and diseases on the list. Any of the qualifying conditions would have to be diagnosed by a doctor for a patient to receive a certification to possess medical cannabis. Those under 18 would need assistance from a designated caregiver.

The law does not require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, distribution, sale, or growing of medical cannabis in the workplace. Employers can restrict the use of medicinal cannabis and can restrict or prohibit the use of equipment, machinery, or power tools by a registered qualified patient if there is the possibility of an unreasonable safety risk. Employers can also prohibit the use of medical cannabis by contract or through establishing a drug-free workplace or zero-tolerance drug policy. There is no cause of action for wrongful discharge or discrimination for terminated employees.

 

Action Items

  1. Have substance abuse and drug testing policies updated prior to the effective date.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

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