Kentucky just became the 38th state to legalize medicinal cannabis when Governor Andy Beshear signed SB 47 into law on March 31. This comes after many years of failed legislation and just a few months after the governor signed an executive order allowing Kentuckians diagnosed with certain medical conditions and receiving palliative care to purchase, possess, and use cannabis. While the new law legalizes medicinal use, you should note that its reach is limited. For example, the qualifying medical conditions are not expansive, and the law provides for strict regulation of the industry by the Cabinet for Health and Family Services. Moreover, the law not set to take effect until January 1, 2025 – but you should prepare now to field questions from your employees and assess the new law’s potential impact on your workplace policies and practices. Here are the answers to five top questions employers are asking.
1. Who Does the Law Protect?
The law is set to 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; and
- post-traumatic stress disorder.
While the number of qualifying conditions is relatively low, the law also...
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