However, the law does not provide employment protections for registered cardholders, and employers maintain full discretion over workplace policies regarding cannabis use.

Key considerations for employers include:

• Workplace restrictions: Employers are not required to allow medical cannabis use, possession, or impairment at work. Policies prohibiting cannabis use - medical or otherwise - may be enforced through employment contracts or policies.

• No added protection for employees: The law does not classify medical cannabis users as a protected group under state law. Under federal law cannabis remains illegal, and the Americans with Disabilities Act does not require employers to permit medical cannabis as a reasonable accommodation.

• Drug screening considerations: An employer's ability to conduct drug testing or enforce zero-tolerance policies is not restricted under the law.

Employers should review their workplace drug policies, ensure they align with business needs and compliance requirements, and clearly communicate expectations to employees.

Source: Kentucky SB 47

Posted: February 3, 2025

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