Kentucky has officially legalized medical marijuana, becoming the 38th state to do so. Under the new law, which becomes effective January 1, 2025, employers are not required to accommodate the use of medical marijuana in the workplace and can maintain zero-tolerance or drug-free workplace policies, including testing for marijuana. A positive drug test alone is not enough to prove impairment for registered medical marijuana cardholders; a behavioral assessment must also be conducted. If an employee is deemed impaired based on these assessments, the responsibility then shifts to the employee to prove non-impairment.
Additionally, the law specifies that it does not create grounds for employees to sue employers for wrongful discharge or discrimination related to medical marijuana use.