Update Applicable to:
All employers in the state of Kentucky
What happened?
On March 31, 2023, Governor Beshear signed Senate Bill 47 (SB 47) into law, which legalizes the medicinal use of cannabis for patients with serious health conditions.
What are the details?
Effective January 1, 2025, SB 47 will provide access to medicinal cannabis only for those individuals with a qualifying medical condition. These include:
- Any type or form of cancer, regardless of stage
- Chronic, severe, intractable, or debilitating pain
- Epilepsy or any other intractable seizure disorder
- Multiple sclerosis, muscle spasms, or spasticity
- Chronic nausea or cyclical vomiting syndrome resistant to other conventional medical treatments
- Post-traumatic stress disorder
Below are several hyperlinks to important questions and answers for employers regarding this new law provided by one of our most trusted sources, Fisher Phillips:
Are Employers Required to Permit Employees to Use Medicinal Cannabis?
Are Employers Required to Make Reasonable Accommodations?
Can Employers Still Test for Drug Use?
For more information, please see the links below:
What do employers need to do?
Employers should review the links provided above and should current drug use and testing policies with your human resources department to discern whether any changes need to be made to policies prior to the act’s effective date.
Employers should also watch for administrative regulations, which will likely be issued prior to the effective date and may further clarify your responsibilities as they relate to employees who are qualified and registered to use medicinal cannabis.
Need help understanding how changes to employment laws will affect your business?
Learn more about how Vensure's Kentucky PEO services can help you navigate complex employment laws and keep your business compliant.
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