Kentucky: Governor Signs Bill Approving Medical Cannabis
All Employers with Employees in KY
January 1, 2025
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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.
- Have substance abuse and drug testing policies updated prior to the effective date.
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