Kentucky

Medical cannabis is legal under the Kentucky Medical Cannabis Act, allows patients with qualifying conditions to use and purchase cannabis from licensed dispensaries, but recreational cannabis remains illegal. CBD products derived from hemp with less than 0.3% THC are legal.

Home cultivation and public consumption is illegal in Kentucky for anyone, even medical cannabis patients.

Employers can implement drug testing policies for preemployment, random, reasonable suspicion, and postaccident situations, and should have a written policy detailing procedures and consequences, while medical cannabis use does not require workplace accommodation and positive tests can result in disciplinary actions.

*Remember, establishing robust documentation is a key risk mitigant for employers in states like the Kentucky.

Safety-sensitive positions for drug testing are typically those where impairment could directly affect the safety and well-being of others and could pose significant risks to the safety of the individual, coworkers, or the public.

Employers must obtain written consent from employees before conducting drug tests, and test results must be kept confidential, shared only with individuals involved in employment decisions or human resources.