December 2022: Medical Marijuana to be Legalized in Kentucky in 2023

Update Applicable to:
All employers in the state of Kentucky.

What happened?
On November 15, 2022, Governor Beshear signed an executive order allowing Kentuckians diagnosed with certain medical conditions and receiving palliative care to purchase, possess, and use medical cannabis.

What are the details?
Effective January 1, 2023, the executive order grants a full, complete, and conditional pardon to all persons accused of possessing marijuana under Kentucky law (KRS 218A.142).

Below are several hyperlinks to sections of an article from one of our most trusted sources offering guidance on how to handle employees with medical marijuana:

• What Are the Requirements for Legal Protection?
• Can Employers Still Test Employees for Drug Use?
• Can Employers Discipline a Caregiver in Possession of Medical Marijuana?
• What About Pre-Employment Drug Testing? Can Employers Continue This Practice?
• How Should Kentucky Employers Manage Requests for Accommodation to Use Medical Marijuana?

For more information, please see the links below:
Executive Order 2022-798
Fisher Phillips Article

What do employers need to do?
Employers should review the links provided above and per our trusted source, Fisher Phillips;

“Kentucky employers should review their current drug use and testing policies with their human resources department, address how this Executive Order will impact their practices, and discern whether any changes need to be made. Litigation may be filed to challenge this Executive Order, similar to challenges to other executive orders involving COVID-19 related matters.”