Kentucky Marijuana Compliance
Current Kentucky marijuana compliance law strictly prohibits the consumption, sale, and possession of marijuana for recreational purposes. In this regard, marijuana state vs. federal law is aligned. Medical marijuana in Kentucky, however, is legal under specific and limited medical conditions.
Kentucky marijuana law under House Bill 333 only allows residents to consume and possess cannabidiol (CBD) products containing less than 0.3% THC. Since Kentucky enforces minimal marijuana legalization, employers do not face many restrictions when testing applicants and employees for marijuana consumption.
Kentucky drug testing legislation does require that employers first make a conditional employment offer to applicants prior to requesting a drug screening. In the event that a Kentucky employer wants to implement a workplace drug testing policy, Kentucky labor law also requires that the policy is reviewed and accepted by the state prior to requesting employee testing.
Register for a drug test online by clicking the "Register Now" button below. You can also call (888) 378-2499 with any questions about our drug testing services.
This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Since marijuana testing regulations can vary, we advise you to seek the guidance of expert legal counsel when creating your company's substance abuse screening program.
Kentucky Marijuana Compliance
Kentucky Marijuana Laws
Overall Status: Partially Legal
While many states across the country have fully legalized both medicinal and recreational marijuana use, the state of Kentucky has not. Under current Kentucky marijuana compliance law, both recreational consumption and sale of marijuana are prohibited. However, medical marijuana is permitted under certain circumstances.
Kentucky residents are allowed to possess and consume 0.3% or less THC cannabidiol (CBD) products under House Bill 333 of 2017. Employers are free to test employees and applicants for marijuana as long as they follow a state-approved workplace drug testing policy.
Medical Marijuana: Legal
As of March 31, 2023, medical cannabis has been legalized in the state of Kentucky. In an effort to combat opioid addiction, relieve chronic pain, and provide aid to veterans suffering from PTSD, Kentucky Governor Andy Beshear signed Senate Bill 47, legalizing medical cannabis. While the legislation won't come into effect until January 1, 2025, an existing executive order permits certain patients, including veterans, to obtain medical cannabis out of state till then. This makes Kentucky part of the expanding list of states that have legalized medical cannabis.
Decriminalized: No
Overall, marijuana is not decriminalized in Kentucky. However, local jurisdictions in this state have passed laws partially or fully decriminalizing minor cannabis possession. For instance, Jefferson County enacted a law in 2019 where possession of up to one ounce of cannabis is not criminally prosecuted when it's the primary charge. Similarly, in Louisville, a City Council Ordinance passed in 2019 declared that possession of up to a half-ounce of cannabis is the lowest law enforcement priority.
Recreational Marijuana: Illegal
With no Kentucky marijuana laws currently in place that allow the consumption of medicinal marijuana, recreational marijuana laws are non-existent. No further efforts have been made to legalize recreational marijuana within the state. Without any sort of marijuana legalization established in the state of Kentucky, residents can face misdemeanor possession charges if found with any amount of marijuana by local law enforcement. Minimal marijuana legalization also means that Kentucky employers face minimal restrictions when looking to test applicants and employees for marijuana consumption.
Last updated 1/15/2024
Frequently Asked Questions
Is marijuana legal in Kentucky?
As of now, only medical marijuana is legal in Kentucky, with the legalization signed into law in March 2023. However, the law does not come into effect until January 1, 2025.
What is Kentucky's history with marijuana?
To provide relief for those suffering from chronic conditions and minimize opioid addiction, the Governor signed an executive order in November 2022 that allowed access to medical cannabis for people suffering from at least one of 21 medical conditions. This was followed by the signing of Senate Bill 47, legalizing medical marijuana in the state.
What is the punishment for possession in Kentucky?
Cannabis possession punishments in Kentucky depend on the jurisdiction. For example, in Jefferson County, there is no criminal prosecution for possession of up to one ounce of cannabis when it is the primary charge. In Louisville, possession of up to a half-ounce of cannabis is considered the lowest law enforcement priority. However, these are local decriminalizations and many areas of Kentucky have no such decriminalizations in place.
Drug Panels That Exclude Marijuana
Urine Drug Panels That Exclude Marijuana Testing
Some of the popular drug panels that remove marijuana testing are listed below:
Also try taking a look at our comprehensive list of urine drug tests that exclude marijuana, where you'll find a complete list of drug tests that do not include THC testing under the "Exclude Marijuana" section.
Hair Drug Panels That Exclude Marijuana Testing
Two of our popular hair tests allow for the option to exclude marijuana from the panel of substances being tested. These include:
For a complete list of our hair drug tests, take a look at our comprehensive list of hair tests.
Drug Panels That Include Marijuana
Urine Drug Panels That Include Marijuana Testing
Many of our testing options include marijuana testing. Below are some of the most popular urine drug tests including marijuana:
Also try taking a look at our comprehensive list of urine drug tests that include marijuana.
Hair Drug Panels That Include Marijuana Testing
Our variety of hair drug tests include many options for marijuana testing. Some of the most commonly ordered hair drug tests are:
A comprehensive list of the hair drug tests that we offer can be found here.