Spencer County adopts resolution reaffirming drug‑free workplace, prohibits employee use of medical marijuana

Spencer County Fiscal Court debated and adopted a resolution aimed at reaffirming the county—s drug‑free workplace policy and clarifying that employee use of marijuana — including medical cannabis with a prescription — is prohibited in the workplace under county policy.

County staff introduced the draft resolution (a template circulated by the Kentucky Sheriffs— Association) and explained that, while medicinal cannabis will become lawful under state law, federal law and certain federal funding requirements still treat marijuana as a controlled substance. The resolution language presented to the court prohibits use of marijuana by county employees and retains existing disciplinary processes for employees who perform work while impaired or who test positive in job‑related testing events.

Commissioners engaged in an extended discussion about the difference between a positive drug test and demonstrable impairment at work, the challenge of testing for active impairment for cannabinoids, and whether a blanket prohibition unduly penalizes employees with lawful medical prescriptions. Several commissioners voiced concerns about accommodation and legal fairness; others emphasized federal funding, public‑safety imperatives and specific impacts on employees who carry firearms or hold federally regulated positions.

After discussion, the court voted to adopt the resolution. The clerk recorded the roll call: four commissioners voted in favor and two against (as recorded on the roll call at the meeting). County attorneys and HR staff were asked to translate the resolution into updated personnel‑policy language and to provide guidance on how the policy will be applied in incident‑based testing or safety‑sensitive positions.