Kentucky Employers Need to Know About the State’s New Medical Cannabis Law

Kentucky recently passed a new medical cannabis law that permits the use of cannabis for medicinal purposes under certain circumstances. This law has implications for employers across the state, who need to be aware of the changes and how they may affect their businesses.

In this article, we’ll go over what the new medical cannabis law entails, what employers need to know, and how they can prepare for its implementation.

What is the New Medical Cannabis Law?

The new medical cannabis law in Kentucky permits the use of cannabis for medicinal purposes in certain circumstances. Patients who have a qualifying medical condition and have received a recommendation from a healthcare provider can now use cannabis as a form of treatment. Qualifying medical conditions include cancer, epilepsy, multiple sclerosis, Parkinson’s disease, and others.

How Does the New Law Affect Employers?

The new medical cannabis law has implications for employers across the state. Employers need to be aware of the changes and how they may affect their businesses. Here are a few key things that employers need to know:

1. Employers Cannot Discriminate Against Employees Who Use Medical Cannabis

Under the new law, employers cannot discriminate against employees who use medical cannabis. This means that employers cannot refuse to hire, terminate, or take adverse action against an employee simply because they use medical cannabis.

2. Employers Can Still Enforce Drug-Free Workplace Policies

Despite the fact that employees who use medical cannabis are protected under the new law, employers can still enforce drug-free workplace policies. This means that employees who use medical cannabis can still be subject to drug testing and disciplinary action if they violate an employer’s drug-free workplace policy.

3. Employers Need to Accommodate Employees Who Use Medical Cannabis

Employers need to accommodate employees who use medical cannabis to the extent that doing so does not cause an undue hardship on the business. This means that employers may need to make reasonable accommodations for employees who use medical cannabis, such as allowing them to use cannabis during work hours or adjusting their work schedule.

How Can Employers Prepare for the New Law?

Now that the new medical cannabis law has been passed in Kentucky, employers need to prepare for its implementation. Here are a few things that employers can do to get ready:

1. Review and Update Drug-Free Workplace Policies

Employers should review and update their drug-free workplace policies to ensure that they are in compliance with the new law. This may include revising policies related to drug testing, disciplinary action, and accommodations for employees who use medical cannabis.

2. Train Supervisors and Managers

Supervisors and managers should be trained on the new law and how it affects the workplace. This will help ensure that they are aware of the changes and can properly implement policies related to medical cannabis use.

3. Consult with Legal Counsel

Employers should consult with legal counsel to ensure that they are in compliance with the new law. Legal counsel can help review and update drug-free workplace policies, train supervisors and managers, and provide guidance on accommodations for employees who use medical cannabis.

Conclusion

Kentucky’s new medical cannabis law has implications for employers across the state. Employers need to be aware of the changes and how they may affect their businesses. By reviewing and updating drug-free workplace policies, training supervisors and managers, and consulting with legal counsel, employers can prepare for the implementation of the new law.

FAQs

Can employers still drug test employees who use medical cannabis?

Yes, employers can still drug test employees who use medical cannabis.

Can employers refuse to hire someone who uses medical cannabis?

No, employers cannot refuse to hire someone simply because they use medical cannabis.

What accommodations do employers need to make for employees who use medical cannabis?

Employers need to make reasonable accommodations for employees who use medical cannabis to the extent that doing so does not cause an undue hardship on the business. Accommodations may include allowing employees to use medical cannabis during work hours or adjusting their work schedule.

Are there any penalties for employers who violate the new medical cannabis law?

Yes, employers who violate the new law may be subject to penalties and fines.

Does the new law legalize recreational cannabis use?

No, the new law only permits the use of cannabis for medicinal purposes under certain circumstances. Recreational cannabis use is still illegal in Kentucky.