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Summary of differences between federal and state regulations
Medical marijuana
Gov. Andy Beshear signed legislation legalizing medical cannabis on March 30, 2023. The law takes effect on January 1, 2025.
Under the law, medical cannabis may be used for certain qualifying conditions. A registered, qualifying patient may possess a 30-day supply of cannabis at the individual’s residence. It may not be smoked.
A drug test alone cannot be used to prove impairment due to cannabis use. The law states that a registered, qualifying patient shall not be considered to be under the influence of medical cannabis solely because of the presence of THC metabolites. However, an employer may make a good faith determination of impairment of a medical marijuana patient through:
- Behavioral assessments of impairment and
- A drug test using an established testing method.
If an employer determines that an employee is impaired due to use of medical cannabis, through behavioral assessment and testing, the burden of proving non-impairment to refute the findings is on the employee.
To promote workplace health and safety, an employer may restrict the use of medical cannabis by employees. An employer may also restrict or prohibit the use of equipment, machinery, or power tools by an employee who is a registered, qualifying patient if the employer believes that use of the equipment, machinery, or power tools by the employee poses an unreasonable safety risk.
Employers are not required to accommodate the use, consumption, possession, transfer, display, transportation, distribution, sale, or growing of medical cannabis in the workplace and on any property owned by the employer.
An employer may include a clause in a contract that prohibits the use of medical cannabis by employees. A medical cannabis patient may not bring a cause of action against an employer for wrongful discharge or discrimination because of medical cannabis use.
Recreational marijuana
Kentucky has no state laws legalizing recreational marijuana.