Maryland Bill Would Protect Fire and Rescue Workers From Job Discrimination Over Medical Marijuana Use

A bill filed today in the Maryland Senate would bar employers from taking disciplinary actions against fire and rescue public safety employees solely because they use medical marijuana. Senate Bill 439, introduced by Senator Carl Jackson (D), received its first reading in the Senate Finance Committee today, the same day it was filed. The proposal is a carryover of a similar measure from a previous session and is set to take effect October 1, 2026, if approved by lawmakers.

Under the legislation, employers would be prohibited from discriminating against fire and rescue public safety employees based on their lawful use of medical marijuana, provided specific conditions are met. The measure recognizes that many first responders suffer from chronic pain, post-traumatic stress, and other medical conditions for which medical marijuana is legally recommended in Maryland.

At the same time, the bill draws a clear line regarding on-duty impairment. If a fire or rescue public safety employee reports to work impaired by marijuana, the employer would be required to report the incident to the State Emergency Medical Services Board. This provision is designed to balance workplace safety with employee protections by ensuring that medical use outside of work hours does not automatically place a worker’s job at risk, while still addressing situations where impairment affects job performance.

The legislation focuses specifically on fire and rescue public safety personnel, a group often excluded or treated differently under workplace drug policies due to the nature of their duties. By separating lawful off-duty medical marijuana use from on-duty impairment, the bill attempts to create clearer standards for employers and employees alike.

With its introduction today and referral to the Finance Committee, SB 439 begins its path through the 2026 session as lawmakers consider how workplace protections for medical marijuana patients apply to some of the state’s most safety-sensitive professions.