{"data":{"id":"us-ky/krs-218b.040","jurisdiction":"us-ky","citation":"KRS 218B.040","heading":"Employer not required to permit or accommodate use.","body":"(1) Nothing in this chapter shall:\n(a) Require an employer to permit or accommodate the use, consumption,\npossession, transfer, display, transportation, distribution, sale, or gro wing of\nmedicinal cannabis in the workplace;\n(b) Prohibit an employer from implementing policies promoting workplace health\nand safety by:\n1. Restricting the use of medicinal cannabis by employees; or\n2. Restricting or prohibiting the use of equipment, mac hinery, or power\ntools by an employee who is a registered qualified patient, if the\nemployer believes that the use of such equipment, machinery, or power\ntools by an employee who is a registered qualified patient poses an\nunreasonable safety risk;\n(c) Prohibit an employer from including in any contract provisions that prohibit\nthe use of medicinal cannabis by employees;\n(d) Permit a cause of action against an employer for wrongful discharge or\ndiscrimination;\n(e) Except as provided in KRS 218B.045, prohibit  a person, employer,\ncorporation, or any other entity who occupies, owns, or controls a property\nfrom prohibiting or otherwise regulating the use, consumption, possession,\ntransfer, display, transportation, sale, or growing of medicinal cannabis on or\nin that property;\n(f) Prohibit an employer from establishing and enforcing a drug testing policy,\ndrug-free workplace, or zero-tolerance drug policy; or\n(g) Prohibit an employer from exercising his or her ability to determine\nimpairment of an employee who is a cardholder. Good faith determinations of\nimpairment permitted under this paragraph shall include behavioral\nassessments of impairment and a secondary step of testing an employee who\nis a cardholder for the presence of cannabis by an established method. If an\nemployer determines, pursuant to KRS 218B.015(2)(c), that an employee who\nis a cardholder is impaired by the use of cannabis from the behavioral\nassessment and testing, the burden of proving non -impairment shall shift to\nthe employee to refute the findings of the employer.\n(2) An employee who is discharged from employment for consuming medicinal\ncannabis in the workplace, working while under the influence of medicinal\ncannabis, or testing positive for a controlled substance shall not be eligible to\nreceive benefits under  KRS Chapter 341, if such actions are in violation of an\nemployment contract or established personnel policy.\n(3) An employer shall not be penalized or denied any benefit under state law for\nemploying a cardholder.","path":["KRS Chapter 218B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54282","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:31Z","sha256":"893bb138f2c46a14ea6441f81f2f34b018c5f145d4fcb9aaa3a6d20eae3f7f80","source_id":"us-ky","stale":false,"prev":"us-ky/krs-218b.035","next":"us-ky/krs-218b.045"},"notice":"GroundRules: Original legal text. Not legal advice."}