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The Louisville Professional Firefighters Association (LPFA) filed a lawsuit this week, asserting that the current collective bargaining agreement (CBA) allows firefighters to use medical marijuana as long as they are not under its influence while on duty. The union also maintains that the CBA requires medical marijuana to be treated the same as any other prescription medication. Shutterstock

Louisville firefighters are suing Metro Government, arguing they should be allowed to use medical marijuana in compliance with Kentucky’s recently enacted legalization law.

The lawsuit, filed this week by the Louisville Professional Firefighters Association (LPFA), claims the current collective bargaining agreement (CBA) permits firefighters to use medical marijuana, provided they are not under its influence while on duty. According to the union, the CBA also stipulates medical marijuana should be treated like any other prescribed medication.

However, the lawsuit states Louisville Fire Chief Brian O’Neill contradicted the agreement in a January 2 email to employees, where he reaffirmed a blanket ban on marijuana use. “The Louisville Fire Department will continue to prohibit the use, possession, consumption, or sale of marijuana by employees,” O’Neill wrote.

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Legal and Legislative Implications

The lawsuit comes less than a month after Kentucky’s medical marijuana law took effect on January 1, allowing eligible residents to use cannabis for qualifying medical conditions. However, federal law continues to classify marijuana as a Schedule I drug, complicating workplace policies and raising questions about employer rights.

The LPFA is asking the court to issue a temporary injunction, halting the Fire Department’s prohibition of medical marijuana until the lawsuit is resolved.

The lawsuit underscores broader challenges as Kentucky navigates the complexities of implementing a statewide medical marijuana program. Lawmakers are also urging Congress to address conflicts between federal restrictions and state cannabis laws, including those that impact Second Amendment rights for medical marijuana users.

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This article appears in Jan 17-30, 2025.

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Caleb is currently the Editor in Chief for LEO Weekly from Southern Indiana, AKA the Suburbs of Louisville, and has worked for other news outlets, including The Courier Journal and Spectrum News 1 KY....