Tag: Kentucky Law

How Kentucky’s New Medical Cannabis Law Will Affect Employers–Key Points to Watch Out For April 19, 2023 Kentucky has passed a law that legalizes medical cannabis immediately after the governor signed an executive order. This order permitted residents diagnosed with specified medical conditions or receiving palliative care to purchase, possess, and use cannabis. However, this law does have limits. For example, only a few medical conditions qualify under the law. As such, the Cabinet for Health and Family Services will strictly regulate the industry. Additionally, the law will not go into effect until January 1, 2025. This law only allows access to medical cannabis for individuals with the following specified medical conditions: “Any type or form of cancer regardless of the stage; Chronic, severe, intractable, or debilitating pain; Epilepsy or any other intractable seizure disorder; Multiple sclerosis, muscle spasms, or spasticity; Chronic nausea or cyclical vomiting syndrome that has proven resistant to other conventional medical treatments; Post-traumatic stress disorder; and Any other medical condition or disease for which the Kentucky Center for Cannabis established in KRS 164.983, or its successor, determines that sufficient scientific data and evidence exists to demonstrate that an individual diagnosed with that condition or disease is likely to receive medical, therapeutic, or palliative benefits from the use of medicinal cannabis.” Qualifying individuals who wish to use medical marijuana under the law must register with the Cabinet for Health and Family Services. This registration would record them as qualified, and the Cabinet would issue a registered identification card as proof. This card would allow them to purchase, possess, and use cannabis. However, the law does not protect employees under certain circumstances. For example, employees under the influence while performing a task that would constitute professional malpractice or negligence will not receive protection. Furthermore, employers may still maintain drug-free workplace policies. This exemption means they can limit or prohibit the use of cannabis even by qualified, registered employees. The law does not: “Require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, distribution, sale, or growing of medicinal cannabis in the workplace; Prohibit an employer from implementing policies promoting workplace health and safety by: Restricting the use of medicinal cannabis by employees; or Restricting or prohibiting the use of equipment, machinery, or power tools by an employee who is a registered qualified patient if the employer believes that the use of such equipment, machinery, or power tools by an employee who is a registered eligible patient poses an unreasonable safety risk; Prohibit an employer from including in any contract provisions that prohibit the use of medicinal cannabis by employees; Permit a cause of action against an employer for wrongful discharge or discrimination; Except as provided in Section 8 of this Act, prohibit a person, employer, corporation, or any other entity who occupies, owns, or controls a property from prohibiting or otherwise regulating the use, consumption, possession, transfer, display, transportation, sale, or growing of medicinal cannabis on or in that property; Prohibit an employer from establishing and enforcing a drug testing policy, drug-free workplace, or zero-tolerance drug policy; or Prohibit an employer from exercising their ability to determine impairment of an employee who is a cardholder. Good faith determinations of impairment permitted under this paragraph shall include behavioral assessments of impairment and a secondary step of testing an employee who is a cardholder for the presence of cannabis by an established method. If an employer determines, pursuant to subsection (2)(c) of Section 2 of this Act, that a cardholder impaired by the use of cannabis from the behavioral assessment and testing, the burden of proving non-impairment shall shift to the employee to refute the findings of the employer.” SB 47 allows employers to perform drug testing for cannabis use and take action based on the results. The law states that employers can test registered cardholder employees in good faith that the cardholder has worked while impaired. However, this good faith determination should involve a behavioral assessment for impairment. It should also include a test to find the presence of cannabis through established methods. If these methods confirm impairment, the employee can dispute the findings. Interested parties should understand that this law does not create a new protected class of people. As such, employees do not have the right to make a claim against their employer over the belief of wrongful discharges or discrimination due to cannabis use. However, employers should watch for further clarification of their responsibilities when the law takes effect. Additionally, employers should review their policies concerning drug use and testing. Thoroughly reviewing their policies is crucial to ensuring they comply with the law before it takes effect. The best way to ensure your background screening policies comply with all relevant federal, state, and local laws is to partner with a trustworthy background check company. The right partner will ensure you stay up-to-date with the latest laws and regulations concerning these issues. Keep your business up to date on new laws and regulations with Pre-employ’s free news resources. Contact a sales rep today. Source

Tag: Kentucky Law

How Kentucky’s New Medical Cannabis Law Will Affect Employers–Key Points to Watch Out For

What Does Kentucky’s New Executive Order Permitting Medical Marijuana Mean for Employers?

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