Kentucky Governor Andy Beshear signed SB 47 into effect, making Kentucky the 38th state to permit medical cannabis use for certain serious health conditions, and will be available beginning January 1, 2025. Medical cannabis patients are not to be considered under the influence based solely on the presence of cannabis metabolites. SB 47 provides guidance for employers, including what constitutes a “good faith” determination of impairment.
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Kentucky Governor Andy Beshear signed SB 47 into effect, making Kentucky the 38th state to permit medical cannabis use for certain serious health conditions, and will be available beginning January 1, 2025. Medical cannabis patients are not to be considered under the influence based solely on the presence of cannabis metabolites. SB 47 provides guidance for employers, including what constitutes a “good faith” determination of impairment.
SB 47 permits the use of medical cannabis for individuals with any of the following conditions:
Smoking medical cannabis is prohibited, although vaping, and ingestion via capsules, tinctures, and topical products are permitted. The program is set to launch by January 2025.
Employers are not required to:
Employers can:
A registered medical cannabis patient is not considered to be under the influence of medical cannabis solely because of the presence of tetrahydrocannabinol metabolites. This includes but is not limited to, the cannabinoid carboxy THC, also known as THC-COOH.
Employers can exercise their ability to determine the impairment of a medical cannabis cardholding employee. “Good faith” impairment determinations include a behavioral assessment of impairment followed by the secondary step of testing for cannabis via an “established method.” If a cardholding employee is determined to be impaired based on a behavioral assessment and drug test, the burden of providing non-impairment then shifts to the employee.
Employees that are discharged because of their consumption of medical cannabis in the workplace, for working while under the influence of medical cannabis, or who tested positive for a controlled substance are not eligible to receive benefits under Kentucky’s unemployment compensation denial law (KRS Chapter 341) as long as such actions are in violation of an employment contract or established personnel policy.
The majority of SB 47 is set to take effect on January 1, 2025 (including the above-mentioned sections). Employers should review their policies and comply prior to this date. For more information, the full text of the bill can be found at the below link: https://apps.legislature.ky.gov/recorddocuments/bill/23RS/sb47/bill.pdf.
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