Maryland's House of Delegates passed SB 439, sponsored by Sen. Carl Jackson (D), in a 108–23 vote Monday, sending the measure to Gov. Wes Moore (D). The legislation would bar employers from penalizing firefighters and rescue workers for off-duty medical marijuana use. Moore may sign, veto, or allow it to take effect without his signature.
The House had passed a companion measure, HB 797 from Del. Adrian Boafo (D), about two weeks earlier. HB 797 cleared a Senate committee but received no floor vote before the legislature adjourned Monday night; SB 439, having cleared both chambers in identical form, is the version heading to the governor.
The bills amend Maryland's medical marijuana law to prohibit employers from disciplining, discharging, or otherwise discriminating against firefighters, emergency medical technicians, cardiac rescue technicians, and paramedics employed by state or local governments who test positive for cannabis metabolites while holding a valid medical marijuana registration. Employers could also not limit, segregate, or classify employees in ways that deprive or adversely affect their employment status on that basis. On-duty impairment remains prohibited, and any public safety worker found impaired on duty would be reported to the State Emergency Medical Services Board.
At a committee hearing, Boafo said: "Many experience chronic pain, injuries and anxiety as a direct result of serving our communities. Medical cannabis, when prescribed and used off duty, can help manage those conditions. But under current policies, firefighters who use medically prescribed cannabis can face retaliation or discipline from their employers, even when they're following the law." He added that workers without the protection face "a difficult choice: Either continue doing their jobs in pain, or turn to stronger prescription drug drugs, often opiates, just to get through the day," while stressing that "nothing in this bill allows for impairment on the job."
The measure follows multiple failed attempts in prior sessions. A year ago, officials in Maryland's most populous county moved to loosen marijuana policies for police recruits amid a staffing shortage.
Also awaiting Moore's action are a bill protecting veterinarians who recommend medical cannabis for animals and legislation extending a psychedelics task force through 2027. A bill to protect medical marijuana patients' gun rights failed to pass this session.
