Kentucky will legalize use of medical cannabis for certain conditions on January 1, 2025. The law imposes just one notable restriction on employers: To establish that an employee who is a medical cannabis cardholder is currently impaired (and therefore might be subject to discipline or termination), employers will need to conduct a cannabis drug test and a behavioral assessment. They can’t rely solely on a positive drug test result for the metabolites of THC (tetrahydrocannabinol, the psychoactive ingredient in cannabis).

This change makes sense because THC can stay in a person’s system for days, weeks, or even months after using cannabis, so a positive test result doesn’t provide useful information about whether an employee is currently high. However, a positive test result (confirming they have used at some point) combined with physical signs of being under the influence is a much more accurate indicator of current impairment.

The law allows employers to create or continue enforcing drug policies of their choice, including zero-tolerance or drug-free workplace policies.

Action Items

Update your drug testing policy if necessary.
Whether or not you change your policies, now is a good time to remind your employees where you stand on cannabis use and under what circumstances, if any, they could be tested and disciplined for a positive test result.