Employment and what cannabis businesses need to know

What cannabis businesses need to know:

• While Kentucky’s Senate Bill 47 legalizes cannabis for medicinal use, and may exempt certain employees subject to licensing requirements (like nurses and physicians) from disciplinary action for utilizing medicinal cannabis, ALL employees remain subject to employer requirements regarding job performance, fitness for duty, professionalism, and on-the-job conduct. Employers can continue to drug test employees for medicinal cannabis and act on positive tests.
• Employers are not required to permit the use, consumption, possession, transportation, distribution, growing, or sale of medicinal cannabis in the workplace. This holds even in the event of a disability that may require accommodation under the ADA.
• Senate Bill 47 does not de-criminalize the operation of vehicles, including some farming and industrial equipment, in the workplace or otherwise, while under the influence of medicinal cannabis.
• Use and possession of medicinal cannabis in schools, correctional facilities, and federal government property – by employees and others – will be legally restricted.
• Senate Bill 47 does not create a protected class of individuals or give employees the right to pursue a claim if they are terminated for using medicinal cannabis.