Kentucky.

Information provided is current as of December 23, 2025, and companies are encouraged to consult with legal counsel on these types of complex matters.

Kentucky - State Specific Information

Overview of Kentucky's Medical Cannabis Program

Kentucky's approach to medical cannabis legalization reflects a careful balance between patient access and workplace safety. While the state has opened the door to medical marijuana use, it has notably maintained restrictions that set it apart from many other medical cannabis states.

Key Distinctions in Kentucky's Law

Unlike many states with medical cannabis programs, Kentucky has implemented specific limitations on consumption methods. It remains illegal to smoke medical cannabis in Kentucky. Registered patients are only permitted to use vaporization methods and non-smokable products, such as edibles, tinctures, and topicals.

Recreational cannabis use remains illegal in Kentucky, making this purely a medical program with strict qualifying conditions and registration requirements.

Possession Limits and Caregiver Provisions

The state has established clear guidelines for how much medical cannabis registered patients and their caregivers can possess at any given time.

30-Day Supply Definitions

Kentucky law defines a 30-day supply as:

• 112 grams of flower (approximately 4 ounces)
• 28 grams of concentrate (approximately 1 ounce)
• 3,900mg of THC in infused products

Registered patients may possess up to this 30-day supply for their personal medical use. Designated caregivers are authorized to purchase a 30-day supply per assigned patient, allowing them to assist multiple patients if properly registered.

Employer Rights and Workplace Policies

One of the most significant aspects of Kentucky's medical cannabis legislation is its robust protection of employer rights. Under KRS 218B.040, Kentucky explicitly protects an employer's ability to maintain a zero-tolerance workplace policy.

Zero-Tolerance Workplace Provisions

Employers in Kentucky retain substantial authority over their workplace drug policies. Key provisions include:

• Employers can maintain drug-free workplace policies regardless of an employee's medical cannabis registration
• A positive drug test alone does not prove impairment for registered patients
• Termination decisions can be based on a good-faith behavioral assessment combined with drug test results
• The burden of proof shifts to the employee to demonstrate they were not impaired at work

This framework provides employers with significant flexibility while requiring them to conduct reasonable assessments rather than relying solely on positive test results.

Documentation Best Practices

Given the nuanced nature of Kentucky's approach, establishing robust documentation practices is crucial for employers. Companies should:

• Maintain detailed records of any behavioral observations that suggest impairment
• Document the circumstances surrounding drug testing decisions
• Create clear, written workplace drug policies that are communicated to all employees
• Train supervisors on recognizing signs of impairment and proper documentation procedures
• Establish consistent protocols for handling situations involving suspected impairment

Documentation serves as a key risk mitigant for employers navigating the intersection of medical cannabis rights and workplace safety requirements.

Safety-Sensitive Positions

Kentucky recognizes the unique considerations surrounding safety-sensitive positions in the workplace. These roles are typically defined as positions where impairment could:

• Directly affect the safety and well-being of others
• Pose significant risks to the individual employee
• Endanger coworkers or the general public

Examples of safety-sensitive positions often include:

• Heavy equipment operators
• Commercial drivers
• Healthcare workers with direct patient care responsibilities
• Workers in manufacturing environments with dangerous machinery
• Security personnel
• Positions requiring firearms handling

Employers should clearly identify safety-sensitive positions within their organizations and ensure drug testing policies reflect the heightened safety requirements for these roles.

Workers' Compensation Considerations

Kentucky's medical cannabis law includes important provisions regarding workers' compensation coverage. Workers' compensation carriers are not required to reimburse any medical cannabis costs. This means that even if a physician recommends medical cannabis for a work-related injury, the workers' compensation system is not obligated to cover these expenses.

This provision aligns with federal law, which still classifies cannabis as a Schedule I controlled substance, and provides clarity for both employers and insurance carriers.

Privacy Protections for Employees

While Kentucky strongly supports employer rights, the state also maintains important privacy protections for employees undergoing drug testing.

Kentucky Consumer Protection Act Safeguards

The Kentucky Consumer Protection Act establishes several requirements designed to protect employee privacy during the drug testing process:

• Confidentiality of test results must be maintained
• Reasonable testing conditions must be provided
• Strict chain-of-custody procedures must be followed to ensure test integrity

Employers must balance their right to maintain safe, drug-free workplaces with these privacy obligations to avoid potential legal liability.

State Regulatory Oversight

The Kentucky Office of Medical Cannabis serves as the state regulatory agency overseeing the medical cannabis program. This office is responsible for:

• Licensing dispensaries and cultivators
• Managing the patient and caregiver registration system
• Enforcing compliance with state regulations
• Developing and implementing testing standards

As of December 2025, the state has not specified particular forms for employer compliance, though businesses should monitor announcements from the Office of Medical Cannabis for any updates or requirements.

Preparing Your Workplace for 2026

With the January 1, 2026 implementation date approaching, Kentucky employers should take proactive steps to prepare:

1. Review and update existing drug policies to ensure they align with the new law
2. Consult with legal counsel on complex matters related to medical cannabis in the workplace
3. Train HR personnel and supervisors on the new regulations and documentation requirements
4. Communicate policy changes to employees clearly and in writing
5. Establish or refine impairment assessment protocols that go beyond simple drug testing

Conclusion

Kentucky's medical cannabis legalization represents a significant shift in the state's approach to cannabis policy while maintaining strong protections for employers. The ability to maintain zero-tolerance workplace policies, combined with the burden of proof provisions, gives Kentucky businesses substantial flexibility in managing their workforce.

However, the requirement for good-faith behavioral assessments and robust documentation means employers must be thoughtful and consistent in their approach. As this information is current as of December 23, 2025, companies are strongly encouraged to consult with legal counsel to navigate these complex matters effectively and ensure full compliance with all applicable regulations.