Kentucky Medical Cannabis Update: Governor Expands “Qualifying Conditions” by Executive Order

On June 2, 2026, Governor Andy Beshear signed an executive order directing the Kentucky Office of Medical Cannabis to issue emergency regulations “clarifying” the list of qualifying medical conditions under Kentucky’s medical cannabis statute. The order effectively expands access to medical cannabis for Kentucky patients, which may create new challenges for employers and business owners throughout the Bluegrass.

What the Executive Order Does

Kentucky’s medical cannabis law limits certification for a medical cannabis card to a relatively narrow set of enumerated “qualifying medical conditions,” including cancer, chronic pain, epilepsy, multiple sclerosis, muscle spasms, spasticity, chronic nausea, and post-traumatic stress disorder (PTSD). See KRS 218B.010(26).

The Governor’s executive order explains that some of the statutorily enumerated conditions—such as chronic nausea, muscle spasms, and chronic pain—can themselves be symptoms of other serious medical conditions. Accordingly, the order directs state regulators to issue regulations clarifying that a qualifying medical condition may include non-enumerated medical conditions as long as an underlying symptom is one of the enumerated conditions and is diagnosed by a healthcare provider.

The order further identifies certain conditions as being generally recognized to involve at least one symptom included in the statutorily enumerated definition of qualifying medical conditions:

• Terminal Illness
• Sickle Cell Anemia
• Amyotrophic Lateral Sclerosis (ALS)
• Parkinson’s Disease
• Human Immunodeficiency Virus (HIV)
• Acquired Immunodeficiency Syndrome (AIDS)
• Huntington’s Disease
• Muscular Dystrophy
• Cachexia or Wasting Syndrome
• Crohn’s Disease
• Ulcerative Colitis
• Neuropathies
• Severe Arthritis
• Fibromyalgia
• Glaucoma

Regulations complying with the order’s directive were filed on the same day, June 2, 2026.

The Governor has previously requested that lawmakers expand the statute to explicitly include an almost identical list of conditions. However, the Republican-controlled supermajority has thus far declined to expand the list of qualifying conditions identified in the law.

The order and its accompanying regulations have prompted immediate pushback from Republican legislative leadership. On June 9, 2026, House Majority Whip Jason Nemes urged Attorney General Russell Coleman to ensure that state agencies do not cooperate with the order, characterizing the order as an “unlawful expansion” of Kentucky’s medical cannabis law. It remains to be seen whether the order and its regulations will be legally challenged.

What This Means for Employers

The executive order and accompanying regulations do not change the core legal landscape when it comes to marijuana in the workplace: Kentucky’s medical cannabis law remains employer friendly, and employers are not required to accommodate or permit medical cannabis use.

Both before and after the executive order, employers may restrict or prohibit medical cannabis use by employees; restrict or prohibit safety-sensitive work by medical cannabis patients; maintain drug-free workplace and zero-tolerance policies; enforce drug testing policies; and conduct behavioral assessments to determine impairment. Kentucky’s medical cannabis statute also clarifies that it does not create a private right of action for discrimination based on medical cannabis use.

However, the practical effect of the order is likely to expand significantly the population of potential medical cannabis cardholders throughout the Commonwealth, including within the workforce. Employers should expect to encounter more employees with medical cannabis certifications and more positive drug tests tied to lawful off-duty use.

Employers should evaluate their policies surrounding marijuana use and drug testing now, before they encounter the likely increase in cardholders. Stites & Harbison attorneys can assist employers in drafting clear policies and training supervisors and managers to apply them consistently.