Kentucky Marijuana Compliance

Current Kentucky marijuana compliance law strictly prohibits the consumption, sale, and possession of marijuana for both medical and recreational purposes. In this regard, marijuana state vs. federal law is aligned. 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.

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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: Fully Illegal

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 the medical and recreational consumption and sale of marijuana are prohibited.

Kentucky residents are allowed to possess and consume 0.3% or less THC cannabidiol (CBD) products under House Bill 333 of 2017. With no marijuana legalization in the state of Kentucky, employers are free to test employees and applicants for marijuana as long as they follow a state-approved workplace drug testing policy.

Medical Marijuana: Illegal

To date, no successful efforts have been made to legalize the consumption, sale, and possession of medicinal marijuana in the state of Kentucky. However, Kentucky Governor Steve Beshear did sign SB 124 in 2014, which allowed epilepsy patients assessed by qualified hospital physicians to be prescribed non-intoxicating CBD products for purposes of medical treatment. Three years later, these laws were expanded under HB 333 to allow all Kentucky adult residents to possess and consume CBD products containing 0.3% THC or less.

Decriminalized: No

To date, no changes to current Kentucky marijuana laws have been made to decriminalize the consumption, sale, or possession of marijuana. Under current Kentucky law, a resident found in possession of any amount of marijuana can face a Class B misdemeanor charge, which is punishable by up to 45 days in jail and/or a $250 fine.

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.

Frequently Asked Questions

The consumption, sale, and possession of both medicinal and recreational marijuana is currently prohibited under Kentucky marijuana law. Employers are free to test their job applicants and workers for marijuana use and to treat it like any other drug.

What is Kentucky’s history with marijuana?

Although marijuana is neither medically nor recreationally legal within the state, Kentucky lawmakers passed HB 333 in 2017 to legalize the adult use of CBD products containing 0.3% or less THC.

What is the punishment for possession in Kentucky?

Under current Kentucky marijuana compliance law, an individual found in possession of any marijuana amount faces a Class B misdemeanor charge which is punishable by up to 45 days in jail and/or a $250 fine.

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.

Citations

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“House Bill 333.” Kentucky General Assembly.” https://apps.legislature.ky.gov/record/17rs/hb333.html
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“803 KAR 25:280. Certification of a drug-free workplace.” Kentucky Legislature, https://apps.legislature.ky.gov/law/kar/803/025/280.pdf
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“Drug-Free Workplace.” Commonwealth of Kentucky Labor Cabinet, https://labor.ky.gov/comp/Pages/Drug-Free-Workplace.aspx
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“Beshear signs into law bills on marijuana oil, tax breaks, e-cigarette sales to minors.” Lexington Herald Leader, https://www.kentucky.com/news/politics-government/article44483130.html
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“Marijuana Possession in Kentucky.” NOLO, https://www.criminaldefenselawyer.com/marijuana-laws-and-penalties/kentucky.htm