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Marijuana Considerations & Laws In Kentucky

Medical Marijuana Law:

Recreational Marijuana Law:

No Broad Laws Legalizing Marijuana*:

*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.


Read more employment specific information on:

Employer Concerns

  • Under Kentucky’s SB 124, CBD with no psychoactive component of marijuana and hemp plants became allowed for certain conditions with a written order from a physician who is practicing at a hospital or associated clinic with a Kentucky public university having a college or school of medicine. 
  • Kentucky has a voluntary law that, although not required, if an employer elects to comply, they will qualify for a workers’ compensation premium discount. It does require testing for marijuana. 
  • There is also mandatory law for the mining industry with drug-free workplace requirements, including testing for marijuana.

Testing

  • See Significant above.

Hiring/Termination


Discipline


Use/Possession

  • Kentuckians may legally purchase hemp-derived CBD products over the counter as long as they contain no greater than 0.3% THC or other cannabinoids. The CBD can be oils, tinctures, topicals, and vaporizers derived from hemp.

Other Impacting Laws (e.g. drug testing, workers’ compensation, unemployment)

  • An employee is ineligible for unemployment benefits if he or she was discharged for reporting to work under the influence or consuming drugs at work. 
  • An employee‘s injury or death that was proximately caused primarily by voluntary intoxication is ineligible for workers’ compensation. 

Miscellaneous


Sources (e.g. Bill Number, Authority)

  • Kentucky SB 124 – CBD related
  • 803 KAR 25:280 – Drug testing related
  • Kentucky Rev. Stat. 341.370 – Unemployment related
  • Kentucky Rev. Stat. 342.610 – Workers’ compensation 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).

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