Employment Law Report
Does an Employer Have the Right to Prohibit the Use of Medicinal Cannabis by Employees with a Prescription? Kentucky Law Says Yes.
By: Isaac Keller
On January 1, 2025, Kentucky’s Medical Marijuana Act (23 RS SB 47/GA) officially took effect, making the Commonwealth one of over half the states in the U.S. to legalize medical marijuana. As the acceptance of medicinal cannabis continues to grow nationwide, concerns are emerging regarding its impact on the workplace. In Kentucky, the law is clear on one critical issue: employers do not have to accommodate the use of medicinal cannabis by employees, even if the employee holds a valid prescription.
Kentucky’s Legal Framework for Medicinal Cannabis in the Workplace
Kentucky’s medical marijuana legislation, now codified as KRS 218B, explicitly addresses employer rights and responsibilities regarding medicinal cannabis use in the workplace under KRS 218B.040. The statute outlines several key provisions that protect employers’ ability to regulate and prohibit the use of cannabis by employees during work hours or on company premises. Here are some crucial points from KRS 218B.040:
- No Requirement to Accommodate Medicinal Cannabis Use
The legislation states that nothing in the Act requires an employer to permit or accommodate the use, possession, or consumption of medicinal cannabis in the workplace. This includes restrictions on the display, transportation, or sale of cannabis products while on the job. Employers are under no obligation to allow medicinal cannabis use by employees, regardless of whether the employee holds a prescription. - Workplace Health and Safety
The law allows employers to implement policies that promote workplace health and safety, including restricting or prohibiting the use of medical cannabis during working hours. If an employer believes that an employee who uses medicinal cannabis poses a safety risk, particularly when operating machinery or tools, they are within their rights to restrict or prohibit such activities. - Employment Contracts and Handbooks
Employers are also permitted to include provisions in their employee handbooks or employment contracts that prohibit the use of medicinal cannabis. These policies can be enforced as part of standard workplace conduct guidelines. - No Legal Consequences for Employers
Employers are shielded from potential lawsuits or claims related to wrongful discharge or discrimination if they choose to prohibit the use of medicinal cannabis. This provides additional protection for employers who decide to maintain a drug-free workplace.
What Does This Mean for Employers?
Employers in Kentucky—and in other states with similar laws—are well within their rights to restrict or prohibit the use of medicinal cannabis in the workplace. This means employers can establish clear policies prohibiting the use of cannabis during working hours, maintain a drug-free workplace, even if an employee has a medical prescription, and implement specific restrictions on tasks involving machinery or safety-sensitive positions.
What Does This Mean for Employees?
Employees who use medicinal cannabis in compliance with state law must understand that their rights may not extend into the workplace. While they may have the legal right to use cannabis for medicinal purposes, employers have the authority to establish workplace policies that restrict or prohibit its use. Meaning, employees may face disciplinary action, including termination, if they violate workplace policies related to cannabis use. Employees should familiarize themselves with both state and company policies to ensure they are in compliance.
Conclusion
The use of medicinal cannabis raises complex issues for both employers and employees. However, in Kentucky, the law is clear: employers are not required to accommodate the use of medicinal cannabis, and they have the right to implement policies that prohibit its use in the workplace. For both employers and employees, it is essential to stay informed about the latest legal developments and workplace policies to navigate the evolving landscape of medicinal cannabis use in the workplace.
