US State Legislature Passes Bill Shielding First Responders Who Use Medical Marijuana Off Duty

The Cannabis Observer ·
US State Legislature Passes Bill Shielding First Responders Who Use Medical Marijuana Off Duty

Maryland's House of Delegates passed HB 797 on third reading by a 100–31 vote Thursday, approving a bill that would shield firefighters and rescue workers from employment penalties for lawful off-duty medical marijuana use. The measure had cleared the Economic Matters Committee days earlier.

Sponsored by Del. Adrian Boafo (D), the bill has been introduced across multiple sessions. A Senate companion version by Sen. Carl Jackson (D) passed that chamber last month.

HB 797 would amend Maryland's medical marijuana law to bar state and local government employers from disciplining, discharging, or otherwise discriminating against firefighters, emergency medical technicians, cardiac rescue technicians, or paramedics who test positive for cannabis metabolites while holding a valid medical marijuana patient registration. Employers also could not limit, segregate, or classify employees in ways that deprive registered patients of employment opportunities or adversely affect their status.

Boafo said the bill addresses first responders who "work long shifts in tense emergencies and high-stress situations every day." "Many experience chronic pain, injuries and anxiety as a direct result of serving our communities," he said. "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."

"That leaves many of these public servants with 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," Boafo said, stressing that "nothing in this bill allows for impairment on the job" and that workers found impaired on duty "will still face serious consequences and will be reported" to state emergency medical services regulators.

Any confirmed on-duty impairment would be referred to the State Emergency Medical Services Board.

The bills advance one year after officials in Maryland's most populous county said they were moving to loosen marijuana policies for would-be police officers to address a staffing shortage.

Separately, Maryland legislators are also advancing a bill to extend a psychedelics task force through the end of 2027 to develop updated recommendations on therapeutic access and potential legalization. The House Judiciary Committee also discussed a bill from Del. Robin Grammer (R) to protect gun rights for medical marijuana patients, though that measure has not advanced to enactment across multiple sessions.

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