As we approach the end of the year, we want to highlight important new medical cannabis laws taking effect on January 1, 2025.
On March 31, 2023, SB 47 was signed into law by Governor Andy Beshear, legalizing marijuana in the Commonwealth of Kentucky for specific medical conditions effective New Year’s Day, 2025. Both Kentucky employers and employees should be aware that this new law does not provide any job-related protections for medical marijuana use. This means that if an employee tests positive for marijuana, even with a valid medical card, the law does not protect them from termination. If you are going to get a medical marijuana card, you should understand that using medical marijuana, even though legally prescribed, could put your employment at risk.
Although the new medical marijuana laws don’t protect employees from employment consequences, the underlying conditions giving rise to a medical marijuana card could qualify as disabilities under the Americans with Disabilities Act (ADA). That being said, cannabis remains illegal under federal law, and the ADA specifically states that a “qualified individual with a disability” shall not include any employee or applicant who is currently engaged in the illegal use of drugs, when the covered employer acts on the basis of such use.
For specific guidance about how Kentucky’s medical marijuana law might affect your workplace rights or obligations, we recommend consulting with qualified legal counsel. Stay tuned for more updates as we continue to monitor the implementation of this new law.