Maryland House Approves Bill Protecting Fire and Rescue Workers From Medical Marijuana Discrimination
- The Maryland House of Delegates has passed House Bill 797 through its second reading, which aims to protect fire and rescue public safety employees from workplace discrimination related to lawful medical marijuana use.
- The bill prohibits employers from disciplining or discriminating against firefighters, EMTs, paramedics, and similar public safety employees solely based on their status as registered medical marijuana patients or positive marijuana tests with valid certification.
- While protecting employees' rights, the bill allows employers to maintain policies against on-duty impairment, federal law violations, and requires reporting of impairment incidents to the State Emergency Medical Services Board.
- The companion Senate Bill 439 has passed the Senate, and if House Bill 797 passes the final House vote, the law will take effect on October 1, 2026, with veto-proof support.
A Maryland bill that would protect fire and rescue public safety employees from workplace discrimination tied to lawful medical marijuana use has cleared the full House of Delegates through its second reading, putting it one step away from final passage in the chamber.
House Bill 797, filed by Delegate Adrian Boafo (D), would prohibit employers from disciplining, discharging or otherwise discriminating against a fire and rescue public safety employee based solely on their status as a registered medical marijuana patient or for testing positive for marijuana components or metabolites while holding a valid written certification.
The measure applies to firefighters, emergency medical technicians, cardiac rescue technicians and paramedics employed by a municipal corporation, county, the state, the State Airport Authority, or a fire control district.
The bill would also bar employers from limiting, segregating or classifying covered employees in a way that would deny them employment opportunities because of lawful medical marijuana use. At the same time, it would leave intact protections for employers dealing with on-duty impairment and federal compliance issues.
Specifically, the proposal would not require an employer to violate federal law or risk losing federal funding, licensing-related benefits or other federal support. Employers would still be allowed to maintain policies banning marijuana use while on duty and prohibiting employees from carrying out their responsibilities while impaired. If a covered employee reports to work impaired by marijuana, the employer would be required to report the incident to the State Emergency Medical Services Board.
Companion measure Senate Bill 439 has already passed the full Senate by a vote of 33 to 11. If the House vote holds through a third reading, the proposal will have passed with a veto-proof majority.
If enacted, the measure would take effect October 1, 2026.