December 6, 2024
The Medical Cannabis Program in Kentucky will take effect on January 1, 2025, after a year of preparing for the new Act (SB 47). Kentucky is the 38th state to legalize the use of medical marijuana.
However, interested parties must register with the Cabinet for Health and Family Services (CHFS) and obtain a valid registry identification card to qualify under the Medical Cannabis Program. Though the Act will legalize the medical use of marijuana, its effects still face limitations, many of which concern employment.
As of yet, the program has not established specific regulations for workplace policies. As such, employers in Kentucky can maintain rules that restrict the use of medical marijuana for registered cardholders. Employers may also ban cardholding employees from operating various equipment or machinery.
This ban requires the belief that permission to operate could cause an unreasonable safety risk. This ban also follows regulations that prohibit individuals under the influence of marijuana to operate vehicles. The Medical Cannabis Program does not change that.
Employees of preschools, primary or secondary schools, and correctional facilities cannot use or possess medical marijuana while working in these facilities or on any federal government property. Some employees licensed under the Kentucky Board of Medical Licensure, the Kentucky Board of Nursing, or the Kentucky Board of Podiatry may incur disciplinary action over medical marijuana. However, there must be probable cause to believe medical marijuana or the abuse of it has impaired the employee.
The law permits employers to enact policies that limit how employees use medical marijuana in the workplace. As such, they can ban employees from using, consuming, transporting, growing, selling, displaying, possessing, or transferring medical marijuana in the workplace. Furthermore, employers may include a provision in their employment contracts that prohibits employees from using marijuana, even for medical purposes.
The Medical Cannabis Program does not grant medical marijuana users protected status. It also does not grant employees a cause of action if they believe their employer wrongly terminated or discriminated against them for using medical marijuana. In addition, employees discharged for using medical marijuana at their workplace, testing positive for a controlled substance, or working while under the influence may not qualify for unemployment insurance benefits. This qualification depends on whether the behavior violated the employee’s employment contract or the personnel policies of their employer.
Employers should review their policies to ensure they comply with expectations from the Medical Cannabis Program. The evolving regulations around marijuana have rapidly changed in many jurisdictions, making it crucial for employers to stay abreast of these developments. As such, one critical policy to consider is how they use an employee’s criminal history related to marijuana use.
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