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Fiscal court reviews resolution to prohibit medical cannabis use by county employees citing KRS 218B.040
Summary
The fiscal court considered a personnel-policy resolution invoking KRS 218B.040 to prohibit medical cannabis use by county employees in the workplace; the resolution was read aloud and a motion to adopt was made but the transcript does not record a final vote outcome.
Members of the Henry County Fiscal Court reviewed a personnel-policy resolution on Jan. 21 that would prohibit county employees from using medical cannabis in the workplace and would subject employees who test positive or who are under the influence at work to disciplinary action up to dismissal.
Why it matters: the resolution addresses the county’s workplace drug policy in light of Kentucky’s medical-cannabis law and applies county-level employment rules regarding impairment and drug testing.
A court committee reported drafting the personnel policy titled “Henry County Employees” with an effective date noted as Jan. 21, 2025. The draft resolution, as read into the record, referenced state law (transcript references KRS 218B and what the transcript records as KRS 218B.040) and said the county, pursuant to its powers under that statute, “hereby prohibits the use of medical cannabis to county employees.” The draft further stated that employees who have consumed cannabis in the workplace, are under the influence while at work, or who test positive on a drug test for medical cannabis “are subject to discipline up to and including termination from employment with the county.”
A speaker in the meeting said, “I'll make a motion to put down this resolution.” The transcript records the motion being made but does not include the roll-call vote or a captioned outcome for that specific resolution within the provided excerpt.
Authorities and wording: the draft resolution explicitly cites the statute that provides an employer exception for medical-cannabis cardholders (recorded in the transcript as KRS 218B with the numeric reference given as KRS 218B.040). The court’s verbal report and the text read into the record identify the county as invoking the employer exception; the transcript records the county’s proposed policy language and the prescribed disciplinary consequences. The transcript does not include implementing procedures such as dates for revised personnel handbooks, drug-testing protocols, or an enforcement timeline.
What remains unresolved in the transcript: the recorded excerpt does not include a final vote tally or the document-signing step for this resolution. The article does not state that the resolution was adopted because the transcript does not record the outcome within the provided text.
