No Broad Laws
*In these states, marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.
Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.
What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.
Employer Concerns – Significant to Review
- Medical and recreational cannabis are both illegal in Kansas.
- Under Kansas SB 282 (2018) CBD with no THC is allowed. Under Kansas HB 2244 (2019), CBD with no more than 5% THC is allowed to treat debilitating medical conditions for which the patient is under treatment by a licensed physician.
- Under Kansas SB 282, the definition of marijuana excludes cannabidiol (CBD).
- Kansas has specific drug testing requirements to qualify for workers’ compensation reduction and unemployment denial. These include testing for marijuana. Through the Kansas Department of Health and Environment, there are also implementation details about those requirements.
- A positive drug test for marijuana at a level of 15 ng/ml constitutes impairment under Kansas Statutes Ann. 44-501(b)(1)(C).
- CBD in the form of oils, pills or lotions with no THC are considered herbal supplements and can be used.
- No restrictions about where CBD can be used.
- No smoking or vaping of CBD is permitted.
Other Impacting Laws (e.g., drug testing, workers’ compensation, unemployment)
- An individual is deemed guilty of driving under the influence if they are under the influence of any drug or if they are a habitual user of narcotics.
- Refusal to submit to a drug test or a positive drug test for marijuana is conclusive evidence of gross misconduct and, if discharged, will make the employee ineligible for unemployment benefits.
- Refusal to test or a positive post-accident drug test for marijuana will disqualify the employee from workers’ compensation benefits.
- Apply the Checklist of Impacting Issues for Employee Use of Marijuana provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.
Sources (e.g., Bill Number, Authority)
- Kansas HB 2244 (“Claire and Lola’s Law”) – CBD related
- Kansas SB 282 – CBD/marijuana related
- Kansas Rev. Stat. 65-1,108 – Drug testing related
- Kansas Admin. Reg. 28-33-12 – Drug testing related
- Kansas Stat. Ann. 44-706 – Unemployment related
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DISCLAIMER: This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.
CAUTION: Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).