The Bluegrass State Has Gone GreenPosted by On


Kentucky has become the 38th state in the U.S. to legalize cannabis for medical use. While the new law legitimizes the use of marijuana for medical purposes, it fails to afford lawful users employment protections, permitting employers to enforce “zero-tolerance” workplace policies. Further, it places specific obligations on workers who use medical cannabis to prove their innocence regarding impairment.

The law comes after an executive order issued by Kentucky Governor Andy Beshear in 2022 that allowed Kentucky residents with qualifying medical conditions to possess and use small amounts of legally purchased medical marijuana. Legalization has been an important issue for Beshear, a Democrat, who governs a state with a Republican legislature.

Under the new law, individuals eligible for treatment of “qualifying medical conditions” may possess a 30-day supply of cannabis at their residence and a 10-day supply on their person. While individuals may not smoke marijuana, vaping is permitted. Qualifying medical conditions include cancer, chronic, severe, intractable, or debilitating pain, epilepsy or other seizure disorders, multiple sclerosis, muscle spasms or spasticity, chronic nausea, post-traumatic stress disorder, or any other condition identified by the state’s regulator. Individuals under the age of 18 are eligible for treatment…

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