Indianapolis, IN asked in Employment Law and Cannabis & Marijuana Law for Kentucky

Q: What are the laws in Ky at the moment for not hiring or firing someone for using legal CBD products?

Was dined a job for showing positive for THC in urine and I only use CBD gummies, vape and oils instead of Mobic for my arthritis which has severe health problems associated with medication. Was informed any use of CBD products will cause you to fail and I could not be employed and when when the Medical Marijuana act takes place in 2025 that no one could be employed with any companies even with the Kentucky Card I dont fell this is right and I have been dined a job and I know several people who use CBD that this has happened to and also been fired for using CBD when drug tested.

1 Lawyer Answer

A: Currently, Kentucky does not offer any sort of employment protection to legal CBD users.

In Kentucky, CBD products are legal if they contain 0.3% or less THC. In order to test positive in a typical urine test, a user would need to consume more than 2,000 mg of legal CBD products / day. So, it is possible to test positive for THC using only legal CBD products, but highly unlikely. If you were informed that "any" use of CBD products will cause you to fail a urine test, you were misinformed. The use of a LOT of CBD products in a short space of time can cause you to fail a urine test.

Back in 2019, the Kentucky legislature considered a bill to make workplace discrimination against CBD users illegal, but it died in committee.

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