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McCracken Fiscal Court adopts interim ban on employee use of medical marijuana to retain state workplace discount
Summary
The court authorized the judge executive to sign a resolution barring employee use of marijuana, with or without a prescription, citing SB 47 and the county—s desire to retain a Kentucky Drug-Free Workplace workers— compensation discount; commissioners said the policy will be reviewed for permanent placement in the administrative code in June.
The McCracken County Fiscal Court on Jan. 27 approved a resolution directing that county employment policy continue to prohibit employee use of marijuana, including when prescribed, and authorized the judge executive to sign the resolution in response to Kentucky Senate Bill 47.
County staff explained the resolution is intended as an interim measure to preserve the county—s participation in the Kentucky Drug-Free Workplace program, which the county said yields an annual workers— compensation discount the staff estimated at roughly $40,000. The staff said the resolution does not immediately alter the administrative code and that the court will revisit embedding the policy into the administrative code in June.
A county staff member summarized the policy at the meeting: "This will add to our policy that ... employees may not use marijuana even if they have a prescription to do so," and said federal law still classifies marijuana as illegal, which affects ADA liability considerations. Commissioners asked whether the union contract would be affected; staff replied that there was no contract provision preventing the administrative-code policy and that most jail positions involve CDL requirements that continue to restrict marijuana use.
The court recorded the motion, discussion and then approved the resolution by voice vote. County staff acknowledged the policy may raise future accommodation questions for employees with medical needs and said the court would address such situations if and when they arise.
