A bill to legalize medical marijuana in Kentucky has been in the queue for quite some time, but it was not until earlier this year that the legislation went into effect. Governor Andy Beshear signed Senate Bill 47 into law on March 31, 2023, to legalize medical cannabis for residents in the state. The bill establishes the framework for the Kentucky Medical Cannabis Program, detailing the processes for patients and caregivers to become cardholders.
As of January 1, 2025, the state has officially started accepting applications for medical marijuana cards. Below are some details of the program and the answers to a few questions employers may have.
Kentucky Medical Cannabis Program overview
Who qualifies?
According to the FAQ, to apply for a medical cannabis card, an individual must qualify for one of the following conditions:
- Any type or form of cancer, regardless of stage;
- Chronic or debilitating pain, epilepsy, or any other seizure disorder;
- Multiple sclerosis, muscle spasms, or spasticity;
- Chronic nausea or cyclical vomiting syndrome that has been proven resistant to other conventional medical treatments;
- Post-traumatic stress disorder; and,
- Any other medical condition or disease that the Kentucky Center for Cannabis determines.
The Kentucky Medical Cannabis Program website provides more detailed information about qualified patients and eligibility.
Regulatory bodies and responsibilities
According to the Office of Medical Cannabis, “The Cabinet for Health and Family Services (CHFS) is responsible for developing specific regulations for the medical cannabis program. Other governing bodies may also issue rules and regulations tailored to their specific jurisdictions.”
Questions Kentucky employers may have about employees with medical cards
Does this mean employees can use cannabis on a job site?
No. Not unless employers allow it. According to the FAQ: “Under KRS 218B.040, employees can be dismissed from their job for using medical cannabis on-site if an employer does not allow it. Employers can restrict use in the workplace and may act if it poses a safety risk. Violating workplace policies could impact unemployment and other benefits.”
Does this create any additional protections for employees with a medical cannabis card?
No. The main goal of the program is to provide relief and help prevent state-level legal prosecution for patients who benefit from the use of medical marijuana, not to restrict employers from performing any necessary duties. The program does not explicitly provide medical marijuana patients with any new protections, including use outside of work, or prevent drug testing in line with pre-existing company policy. Employers are permitted to test if impairment is suspected, enforce zero-tolerance policies, and terminate employees based on a positive test, even if there are no obvious signs of impairment on the job.
Are there any consequences for hiring employees with a medical marijuana card?
No. KRS 218B.040 explicitly states that employers “shall not be penalized or denied any benefit under state law for employing a cardholder.”
For those interested in learning more about how this applies to employers, please refer to KRS 218B.040.
Medical marijuana laws in Kentucky and other states may continue to evolve
As of July 2025, Kentucky is one of 46 states, including Washington D.C. and three other U.S. territories, to approve medical cannabis use. While Kentucky does not currently provide protection for employees using medical marijuana lawfully outside of work, some states do offer explicit protections to medical marijuana users. It is possible that revisions to Kentucky’s medical marijuana law to include employee protection may be implemented in the future. Employers should stay informed about changes to current medical marijuana laws and consult their legal counsel to ensure compliance if considering adverse action.
This content is for informational purposes only and shall not constitute legal opinion or advice. Consult your legal counsel to ensure compliance.
